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Full text of "The Blue laws of New Haven colony, usually called Blue laws of Connecticut; Quaker laws of Plymouth and Massachusetts; Blue laws of New York, Maryland, Virginia, and South Carolina. First record of Connecticut; interesting extracts from Connecticut records; cases of Salem witchcraft; charges and banishment of Rev. Roger Williams, &c.; and other interesting and instructive antiquities. Compiled by an antiquarian"

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THE COLLECTIOXOF 

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PRESENTED BY 
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ASTOH.LKXOX AXD TILDE X FOEXDATIOXS 
IX MEMORY OF 

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LIEUTENANT-COMMANDER 
UNITED STATES NAVY 



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THE 



BLUE LAWS 

OF 

NEW HAVEN COLONY, 

USUALLY CALLED 

BLUE LAWS OF CONNECTICUT; 

QUAKER LAWS 

OF 

PLYMOUTH AND MASSACHUSETTS; 
BLUE LAWS 

OF 

NEW YORK, MARYLAND, VIRGINIA 

AND SOUTH CAROLINA. 

FIRST RECORD OF CONNECTICUT ; 

INTERESTING EXTRACTS FROM CONNECTICUT RECORDS ; CASES 
OF SALEM WITCHCRAFT ; CHARGES AND BANISHMENT OF 
REV. ROGER WILLIAMS, &c. ; AND OTHER INTER- 
ESTING AND INSTRUCTIVE ANTIQUITIES. 

COMPILED 

By AN ANTIQUARIAN, j 



HARTFORD. 
PRINTED BY CASE, TIFFANY & CO. 

PEARL STREET. 

1838. 



CYieoVed 



Entered according to Act of Congress, in the year 1838, 

BY CASE, TIFFANY & CO., 

in the Clerk's Office of the District Court of Connecticut. 



NEW YORK 



■ 



?56 



Manufactured by 

Case, Tiffany & Co., Pearl Street. 

Hartford. 



PREFACE 



The first settlers of the New-Haven colony, and also of the 
colony of Connecticut, were emigrants from England. Soon 
after the arrival of the former, in 1638. finding themselves desti- 
tute of any laws as rules of action to govern their small but 
intrepid band, knowing that all civil societies required laws, 
both for the protection of their persons and estates, the colonists 
soon organized and constituted a General Court, in 1639. ap- 
pointed such officers as were required, constituted courts, and 
enacted such laws as the exigences of the occasion demanded, 
in the infancy of the government. And as their numbers in- 
creased, and settlements extended, other laws were enacted to 
punish offenders, protect life, liberty, and property from injury, 
and were added from session to session of the General Court. 
As no printing establishment had yet been in operation in the 
colony, the laws were promulgated to the people by written 
copies of them delivered to the constables in the jurisdiction, 
whose duty it was to declare them to their subjects on lecture 
days, and at such other times as the citizens of the plantations 
should be assembled. This mode of enacting and declaring the 
laws, continued until their laws became numerous, and there- 
fore inconvenient and difficult, not only for the people, but the 
courts, to retain them in recollection. It was therefore ordered 
by the General Court of the Colony, in 1665, that some able, 
judicious and godly man should be appointed, to form a code of 
laws for the (New-Haven) colony. Governor Eaton was ap- 
pointed for this purpose, and desired by the General Court, for 
his own instruction, and to aid him in this arduous task, to exa- 
mine the laws of the colony of Massachusetts, and also the Dis- 
course on Civil Government in a New Plantation, by the Rev. 
Mr. Cotton. Governor Eaton accepted the appointment, and 



IV PREFACE. 

soon perfected a code of laws for the colony, (very many of 
which were extracted from the Massachusetts code) which were 
presented to the elders of the jurisdiction, and by them examin- 
ed and approved ; when the General Court ordered five hundred 
copies to be printed for the use of the New-Haven colonists.— 
Governor Hopkins being at this time in England, and being a 
gentleman of education, and sustaining an exalted reputation in 
all the New England colonies, was selected to procure the print- 
ing to be executed in England. The copy was therefore for- 
warded to him for this purpose ; which he soon procured to be 
effected under his special direction and inspection, (at the 
Crown, in Pope's-head Alley, London, in 1656.) and returned 
them immediately to the colony. 

It has been generally supposed that the laws enacted by the 
New-Haven colony previous to the code by Governor Eaton in 
1655, formed the code of Blue Laws so highly celebrated in 
this country. — Peters says that many of what have been termed 
"Blue Laws," were not suffered to be recorded, but were to be 
made so familiar with the people, that recording them would be 
unnecessary ; until the laws of that colony were systematized 
by Governor Eaton and printed in 1656, at which time many of 
the laws previous to 1656 were expunged, and new laws added. 
At this time New-Haven was a distinct colony from that of Con- 
necticut. The latter was composed of the towns of Hartford, 
Windsor and Wethersfield, and some wild and unsettled territory 
contiguous to them. The term " blue laws," attached to this 
early code of laws, is said to have originated from the fact that 
the first printed laws in the New Haven colony were enveloped 
in blue colored paper ; and from this circumstance I am inclined 
to believe that the term " Blue Laws of Connecticut^ is incor- 
rect, but should be the Blue Laws of Nexo-Haren Colony ; for 
it appears that the first printed laws in either colony were those 
composed by Gov. Eaton, which are said to have been enveloped 
in blue paper, so that we are to conclude that the Eaton code of 
1656 were in fact the blue laws, if a code of blue laws were 
ever in force here, and not exclusively the acts passed previous 
to that period. It will readily be discovered by the reader of the 
blue laws, and the early laws of the Massachusetts colony, that 
the code by Gov. Eaton (for New-Haven colony) was composed 
almost entirely of the laws of Massachusetts, in doing which. 



PREFACE. V 

Gov. Eaton made the sacred volume his guide, and has cited 
scripture in all cases upon which his laws were founded ; and 
where he has adopted the laws of other colonies, has enlarged 
and defined their meaning, to avoid doubts and caviling amongst 
the colonists, most of which laws are now incorporated in the 
statute book of this state, not couched in the original language 
and phraseology, but embracing the same principles, and pun- 
ishing like offences. Indeed that code of laws has been the 
foundation of the civil government of the State, and all our 
praiseworthy institutions, both civil and religious, can be traced 
from the present code of laws in this State, to those compiled 
by Governor Eaton nearly two centuries since. And however 
strange the fc.ct may appear, but two volumes of the five hun- 
dred printed in 1656, are to be found in this country, as known 
to the compiler, of which valuable antiquity a certified and cor- 
rect copy is published in this work. The loss of which (origin- 
al) to future generations would be irreparable ; for no antiqui- 
ties so amply and satisfactorily shew the improvement of the 
age for two hundred years past, as the laws of civil govern- 
ment (of 1656 compared with the present,) — the acts and records 
of the legislature for one hundred and fifty years from the first 
settlement in New-England, prove that the march of improve- 
ment has fully kept pace with that of time. Indeed it appears 
chimerical to the present generation, that the improvement for 
two centuries in advance should be equal even to the last fifty 
years in this country. It is to preserve these literary antiquities 
that the compiler has collected and published them, and brought 
them together into a single volume, that they may never be lost 
to posterity. 

Also are included in this work, several of the laws of Plym- 
outh and Massachusetts colonies, from 1657, for several years in 
succession, which have been obtained through a correct source, 
and are to be relied upon as true transcripts of record, punishing 
the denomination of christians called Quakers, who came into 
those colonies, which will be as new and highly interesting to 
most of the citizens of New-England, as to the inhabitants of 
the South or West. No man can peruse these laws without a 
chill in every vein, and be ready to disbelieve that so uncharita- 
ble a spirit could ever have existed and been exercised in Amer- 
ica, in a country whose freedom, civilly and religiously consic!- 
V 



VI PREFACE. 

ered, was its boast, and by a class of citizens, too, who them- 
selves had, (then recently) abandoned home and the friends of 
their childhood, for the sole purpose of enjoying their ownreli- 
gious opinions, and escaping the persecution of the Church of 
England ; and that as soon as circumstances had placed them in 
the ascendancy in this country, should have forgotten the smarts, 
pains and penalties, so lately inflicted upon themselves in their 
native country, and for exercising that freedom of opinion 
which they had been refused, and were then so pleasantly en- 
joying — for which opinions, the Quakers were whipped, brand- 
ed, had their ears cut off, their tongues bored with hot irons, 
and were, banished, upon the pain of death in case of their re- 
turn, and actually executed upon the gallows. If the Quakers 
violated any laws of the colony, they should have been punish- 
ed for snch violation, and not for their religious opinions. 

Also is included the record of the charges and sentence of 
banishment of the Rev. Roger Williams and others by the 
court and clergy of the colony in 1635. 

Also a few pages of the first record ever made in Connecticut, 
in the year 1635, soon after the first emigrants settled in Hart- 
ford, which is included merely for its antiquity, more than two 
centuries having expired since the facts recorded transpired. 

Also the criminal code of laws passed by the General Court of 
Connecticut on the 1st day of December, 1642, which is inserted 
for the purpose of shewing the reader the similarity of the crim- 
inal laws (at that time) in the different colonies in New-England. 

The compiler is aware that some few of the illiberal in this 
community may be dissatisfied with the publication of a part of 
these important antiquities, apprehending that the literary or 
moral character of the * Puritan Fathers of New England may 
he implicated by such publication. But when they reflect that 
no man at that day was licenced as a clergyman to preach until 
he was familiar with the three learned languages, (which is far 
more than is now required.) it will be at once yielded that the 
literary clergy of that day would not suffer by a comparison with 

* This name was given to a party which appeared in England in the year 
1565, who opposed the liturgy and ceremonies of the Church of England. 
They acquired this denomination from their professed design to establish a 
purer form of worship and discipline. 

Those who were first styled Puritans were Presbyterians; but the term 
was afterwards applied to others who differed from the Church of England, 
(also called Dissenters). — [Hayward S3. 



PREFACE. Vll 

those of the present. The orthography in which much of this 
work appears, only shews that the mode of spelling at that day 
was the fashion of the times, which is clearly evidenced by the 
writings of Cotton Mather and other learned men, whose orthog- 
raphy is much the same. I have not been very particular in 
most of the work to preserve the ancient spelling, which would 
necessarily occupy much more time, and render the type setting 

far more laborious and difficult. That the morality or religion 

of the puritans are implicated by this publication, I cannot do 
less than deny. Foreachand every act contained in this work 
shews their actions were intended to be strictly governed by 
that Law Book first given to man. That they were enthusiastic, 
perhaps bigoted, superstitious, highly excited and zealous in the 
pursuit of their object, cannot be doubted, when their laws pun- 
ishing Quakers and others are examined. Even the Blue Laws 
are highly honorable and praiseworthy to the authors of them, 
so far as their pure intentions towards God and their fellow men 
were concerned. The suppressing, or rather neglecting, their 
publication for one hundred and eighty-two years, is far more 
reprehensible than any thing contained in the Blue Laws them- 
selves. (A few of them have been published in Barber's An- 
tiquities of New-Haven.) A small work called the Blue Laws 
of Connecticut appeared a few years since, compiled by Silas 
Andrus, Esq., of Hartford, which were nothing more than the 
early colony laws of Connecticut, and which did not contain a 
single law known anciently as a Blue Law. 

The reader in this work will find that our ancestors did not 
hesitate to call things by their right names, either in conversa- 
tion or upon record. They have spoken in plain scripture lan- 
guage, and it should no more offend the delicacy of any person 
tha"n should the language of the Bible itself. Though I have 
latinized some few expressions to avoid offending females, rath- 
er than to expunge any part of the laws and render the code 
imperfect, antiquarians will at once chicle me for so doing, and 
reply, that a law made for a rule of action at any day, should 
not be secreted under a Latin phrase, and that a public act to 
govern the people, whether delicate or vulgar, should come to 
all classes, and be preserved and published in its ancient purity 
or impurity of language. 

A few ancient orders and resolutions taken from the State rec- 



Vlll PREFACE. 

ord, which are highly amusing and entertaining to all classes of 
society, are also embraced in this collection of antiquities; and 
also the journal of the Dutch commissioners, Van Ruyven, bur- 
gomaster Van Cortlandt, &c, from New- York to Hartford, in 
1663.* 

At the close of this work are a few extracts upon the subject 
of witchcraft, from Mather's Magnalia and other ancient publi- 
cations, which are printed in the words and figures of the origin- 
al, as written by the authors at the time it was supposed the 
cases mentioned took place, and to several of which they claim 
to have been eye witnesses. 

Much has been said in this country upon the subject of Salem 
withcraft, and in later years, Salem has been the butt and ridi- 
cule for her former belief in demonology and withcraft, which 
has been done without reflecting that the influence of credulity 
is contagious, and that individuals will trust the evidence of oth- 
ers in despite of their own senses. Excited passions upon this 
subject, operated upon the minds of men, and being rather in- 
clined to believe in supernatural and marvelous events and 
sights, the public mind became satisfied of its reality and its 
danger. But Salem has not been alone in the belief of hobgob- 
lins and ghosts. Neither did witchcraft originate in this coun- 
try. Even Pharaoh had wizzards. Saul was met by a witch. 
The Romans had laws against witchcraft. It arose at a period 
when the Christians deemed the gods of the Mahomedan or 
heathen nations as perfect fiends, and their priests as wizzards. 
Fortune-telling, mystical or magical cures, intercourse with fa- 
miliar spirits, fairies and withcraft, have ever been much the 
same thing, depending upon the spirit of the times and the popu- 
lar superstition when it existed. Prosecutions for withcraft 
have been from the earliest period, even in the Roman empire, 
and in the middle ages ; as in the case of the Duchess of Glou- 
cester. Prosecutions in the fourteenth century, for witchcraft, 
united with the charge of heresy, in Sweden and Spain, were 
not uncommon. In England it was usually a crime connected 
with politics and state offences. In the sixteenth century, im- 
postures, countenanced by individual catholic priests, and some 

* This was probably the first formal diplomatic embassy that ever took 
place in this country, from one independent province or colony to another, to 
settle an affair of government. 



PREFACE. IX 

puritan clergymen, as in the case of Dugdale. And I might 
follow the rage of this strange frenzy from age to age, and coun- 
try to country, to the Salem withcraft, which existed at a time 
when there were more fairies and jugglers in every part of Eu- 
rope and this country, than had existed at any previous period. 
These supernatural and strange ideas of familiar spirits, by the 
first settlers at Plymouth, Salem, ccc, were brought with them 
from England, and the punishment of the offence at Salem was 
the same as in England at the time, derived from the law they 
had lived under before their embarkation to this country. 

The reader, from these remarks, will not conclude that I make 
them in justification of the heretical frenzy of those concerned in 
the withcraft of Salem, but rather to shew that at that time the 
strong passion for supernatural events existed in every part of 
the world to a greater or less extent. Connecticut and Virginia 
had laws at the same time, punishing the crime of witchcraft 
with death. — But be it spoken to the honor and good sense of 
Connecticut, that although a few persons were tried for the 
crime of familiarity with Satan, that her records are not stained 
with the disgrace of a sentence executed upon any of her citi- 
zens for the crime of witchcraft. Though like the other colo- 
nies, Connecticut had a law at the time, punishing the offence 
with death. However, but two adjudicated cases are found on 
her record, where a jury returned verdict of guilty, and even 
in these cases the court acquitted the prisoners and rejected the 
verdict for an informality in the complaint filed. 

As Connecticut has often smarted by the ridicule of other 
States for her Blue Laws, in days of yore, I have collected a 
few of the ancient Blue Laws of Massachusetts, New-York, 
Maryland, Virginia, and South Carolina, together with some 
from that part of the island of Barbadoes, then settled by the 
English near the same period of time, which I have included in 
this volume, all of which retain the strong blue tinge of the 
laws of Connecticut ; and most evidently, from the spirit of the 
times when they were enacted, was much the same, not only 
in Europe, but throughout the settled parts of this country. 
All which, 1 most cheerfully submit lo the perusal of literary 
antiquarians, giving them the assurance that nearly the whole 
work is matter of record in this country, which can be referred 
to for its authenticity. Some few of the Blue Laws (as no 



X PREFACE. 

record was made of a part of them, or if made has been lost,) 
I depend upon tradition, or a worse source, Peters' history, for 
their authenticity. But a record is made of all such as were 
enacted as early as 1655, and some from the first settlement of 
the New-Haven colony. 

There has been added to this work, by request of a gentleman 
by the name of S. G. Welles of New-Lebanon, in the state of 
New-York, a few pages, embracing the religious tenets of " The 
United Society of Believers, commonly called Shakers," which 
I insert for the accommodation of the Shakers, and that the 
public generally may obtain a more thorough knowledge of the 
tenets of their religion, which has not been generally understood 
by the public. 

I have also added several laws from the record of the Plym- 
outh colony, some of which were enacted more than two hun- 
dred years since, by the first settlers, and have with care pre- 
served the orthography of the original records ; together with 
many other records of ancient times, which I hope may not only 
instruct, but amuse the antiquarian. 

Hartford, April 2, 1838. 



CONTENTS 



Laws punishing Quakers, &c. in 1657, 
Laws of New Plymouth Colony, &c. 1627, 
Capital Laws of New^Plymouth, 

Criminals, 

Civil Laws of New Plymouth, 
Extracts from Laws of New Plymouth, 
Trial of Rev. Roger Williams, 
Record of Connecticut in 1636, 
Saybrook Platform, 1708, . 
Declaration against Popery, &c, 
Extracts from Connecticut Records, 
Capital Laws of Connecticut in 1642, 
Blue Laws of Peters, \. 

Gov. Eaton's Blue Laws, 
Blue Laws of Virginia, 
Blue Laws of Barbadoes, 
Blue Laws of Maryland, 
Blue Laws of New York, 
Blue Laws of South Carolina, 
Cornelius Van Ruyven &c. embassy, 
Shaker's exposition, .... 
Witchcraft, ...... 



14 

41 

51 

54 

57 

59 

63 

67 

90 

97 

100 

102 

121 

123 

225 

232 

234 

23 9 

243 

245 

261 

296 



BLUE LAWS. 



The reader will find the following collection of Laws, 
Letters, Judgments, &c. in the Colonies of Massachusetts 
and Plymouth in 1657 &,c, highly interesting : — punish- 
ing Quakers by whipping, branding, cutting off their ears, 
banishing and actually executing them upon the gallows, 
for differing in their religious opinions, (on the construc- 
tion of the doctrines of the bible) from other Dissenters 
from the church of England. 

PLYMOUTH, ORDER OF COURT ABOUT QUAKERS. 

Plymouth Records. 

It is ordered by the court, that in case any shall bring 
in any Quaker, Rantor or other notoriouse Heretiques, 
either by land or water into any parte of this government, 
shall forthwith, upon order from any one magistrate returne 
them to the place from whence they came, or clear the 
government of them on the penaltie of paying a fine of 
twenty shillings for euery (every) weeke that they shall stay 
in the government after warninge. 

PLYMOUTH LAW AGAINST ENTERTAINING QUAKERS. 
JTroid the records of Plymouth. 

Whereas there hath seuer all persons come into this gov- 
2 



14 BLUE LAWS OF 

eminent commonly called Quakers, whose doctrine and 
practises manifestly tend to the subersion of the fundamen- 
tals of christian religion, church order and the civell peace 
of this government, as appeers by the testimonies given in 
sundry depositions and otherwise : It is therefore enacted 
by the court and the authoretie thereof, that noe Quaker 
or person commonly soe called, bee entertained by any 
person or persons within this government, vnder the penal- 
ise of five pounds for euery such default, or be whipt, and 
in case any one shall entertaine any such person ignorant- 
ly, if hee shal testify on his oath that hee knew not them 
to bee such, he shalbe freed of the aforesaid penaltie, 
provided hee vpon his first decerning them to bee such, 
doe discouer them to the constable or his deputie. (Re- 
enacted 10th June, 1660.) 

Plymouth Records, Oct. 6, 16 SI. 

At this court, humphrey Norton, one of those com- 
monly called Quakers, being summoned, appeered and, 
was examined and found guilty of diuers horred errors 
and was centanced speedily to depart the government, 
and was forthwith expelled the government by the vnder 
marshall whoe was required to accompanie him as farr as 
Asonett, towards Road Island. 

Massachusetts Records, Oct. 14, 1657. 

As an addition to the late order in reference to the com- 
ing or bringing in any of the cursed sect of the Quakers 
into this jurisdiction, it is ordered, that whosoeuer shall 
from henceforth bring, or cause to be brought, directly or 
indirectly any known Quaker or Quakers, or other blas- 
phemous Hereticks into this jurisdiction, euery such per- 
son shall forfeit the sum of one hundred pounds to the 
country, and shall by warrant from any magistrate, be 
committed to prison, there to remain till the penalty be 
satisfied and paid, and if any person or persons within this 



MASSACHUSETTS. 15 

jurisdiction, shall henceforth entertaine and conceal any 
such Quaker or Quakers, or other blasphemous hereticks, 
(knowing them so to be,) euery such person shall forfeit 
to the country forty shillings for euery hour's entertain- 
ment and concealment of any Quaker or Quakers as 
aforesaid, and shall be committed to prison as aforesaid, 
untill the forfeitures be fully satisfied and paid — and it is 
further ordered, that if any Quaker or Quakers shall pre- 
sume, after they have once suffered what the law requir- 
eth, to come into this jurisdiction, euery such male Qua- 
ker shall, for the first offence, haue one of his ears* cut off 
and be kept att work in the house of correction till he can 
be sent away at his own charge ; and for the second of- 
fence shall haue the other ear cut off &c, and kept at the 
house of correction as aforesaid. And euery woman 
Quaker that hath suffered the law here, that shall presume 
to come into this jurisdiction, shall be seuerely whipt and 
kept at the house of correction at work, till she be sent 
away at her own charge, and so also for her coming again 
she shall be alike used as aforesaid. And for euery Qua- 
ker, he or she that shall a third time heerin again offend, 
they shall haue their tongues bored through with a hot 
iron and be kept at the house of correction close at work, 
till they be sent away at thier own charge. And it is fur- 
ther ordered, that all and euery Quaker arising from 
amongst ourselues, shall be dealt with and suffer the like 
punishments as the law provides against foreign Quakers. 

3Iassachusctts Records, 19/7* May, 1G53. 

That Quakers and such accursed hereticks arisincr 
amongst ourselues may be dealt withal according to thier 
deserts, and that thier pestilent errors and practices may 
speedily be preuented : It is hereby ordered, as an addition 
to the former law against Quakers, that euery such person 
or persons professing any of thier pernicious ways by 
speaking, writing or by meeting on the Lord's days, or at 



10 BLUE LAWS OP 

any other time, to strengthen themselues or seduce others 
to thier diabolical doctrine, shall after due means of con- 
viction, incur the penalty ensuing, that is, cucry person so 
meeting, shall pay to the country for euery time, ten shill- 
ings, and euery one speaking in such meeting, shall pay 
five pounds a piece, and in case of any such person hath 
been punished by scourging or whipping, the first time 
according to the former laws, shall be still kept at work in 
the house of correction till they put in security with two 
sufficient men, that they shall not any more vent thier 
hateful* errors nor use thier sinful practices, or else shall 
depart this jurisdiction at thier own charges, and if any 
of them return again, then each such person shall incur 
the penalty of the laws formerly made by strangers. 

Records of New Plymouth, 1G58. 

It is enacted by the court and the authoritie thereof, 
that no Quaker, Rantor or any such corrupt person, shal 
bee admited to bee a freeman of this corporation. 

It is enacted by the court and the authoritie thereof, 
that all such as are opposers of the good and wholesome 
lawes of this collonie; or manifest opposers of the true 
worship of God, or such as refuse to doe the countrey ser- 
vice, being called thereunto, shall not bee admitted free- 
men of this corporation : being duely convicted of all or 
any of these. 

It is enacted by the court, that all such as refuse to take 
the oath of fidelitie as Quakers or such as are manifest 
enrorragcrs of them, shall have noc voat in choise of pub- 
lick officers in the place wher they dwell or shall bee im- 
ployed in any place of trust while they continecd such. 

Massachusetts Records, Oct. 19/7/, 1658. 

It is ordered that the Quakers in prison at Ipswich, be 
forthwith sent for. Warrant issued out accordingly and 
return of the warrant made. The court con vented the 



MASSACHUSETTS. 17 

said Quakers before them, and after much endeavour to 
convince and reform them, ordered that Samuel Shattock, 
Lawrence Southwick, his wife, Nicholas Phelps, Joshua 
Buffam and Josiah Southwick shall be enjoined, at their 
peril, to depart out of this jurisdiction before the first day 
of the court of election next, which if they neglect or 
refuse to do, they shall be then banished, under the pain 
of death, and if in the mean time they shall transgress 
against the new law made this court against Quakers, 
they shall be proceeded with as the said law requires. 
And it is referred to the county court of Suffolk, to de- 
clare this sentence to them, and thereupon to release them 
out of prison. 

Massachusetts Records, May 11, 1659. 

Whereas Daniel and Provided Southwick, Son and 
Daughter of Lawrence Southwick have been fined by the 
county courts at Salem and Ipswich, pretending they have 
no estates, resolving not to work, and others likewise have 
been fined, and more like to be, fined for sideing with the 
Quakers, and absenting themselves from the publick or- 
dinances ; In answer to a question, what course should be 
taken for the satisfaction of the fines? The court on pe- 
rusal of the Law, title Arrests, Resolve, That the Treas- 
urers of the several Counties are, and shall hereby be im- 
powered to sell said persons to any of the English nation 
at Virginia and Barbadoes. 

LAWS OF MASSACHUSETTS. 

Edit 1G72. 

Whereas there is a pernicious sect commonly called 
Quakers, lately arisen, who by word and writing have 
published and maintained many dangerous and horrid 
Tenets, and do take upon them to change and alter the 
received laudable customes of our Nation, in giving civil 



18 BLUE LAWS OF 

respect to equals, or reverence to superiours, whose actions 
tend to undermine the authority of civil governmental so as 
to destroy the order of the churches, by denying all estab- 
lished forms of worship, and by withdrawing from the or- 
derly Church assemblies allowed and approved by all ortho- 
dox Professors of the truth ; and instead thereof, and 
opposition thereunto, frequenting private meetings of their 
own, insinuating themselves into the minds of the simpler, 
or such as are less affected to the order and government 
of the church and common-wealth, whereby divers of our 
inhabitants have been infected and seduced, notwithstand- 
ing all former Laws made (upon experience of their arro- 
gant bold obtrusions, to disseminate their principles 
amongst us,) prohibiting their coming into this jurisdic- 
tion, they have not been deterred from their impetuous 
attempts to undermine our peace and hasten our ruine. 
(1G58.) 

For prevention thereof, this court doth order and enact, 
that every person or persons of the cursed sect of the Qua- 
kers, who is not an inhabitant of, but found within this 
jurisdiction, shall be apprehended (without warrant where 
no magistrate is at hand,) by any constable, commissioner 
or selectman, and conveyed from constable to constable, 
until they come before the next magistrate, who shall com- 
mit the said person or persons to close prison, there to 
remain without baile untill the next court of Assistants, 
where they shall have a legal trial by a special jury, and 
being convicted to be of the Sect of the Quakers, shall be 
sentenced to banishment upon pain of Dealh. 

And tiiat every inhabitant of this jurisdiction, being 
convicted to be of the aforesaid sect, either by taking up, 
publishing and defending the horrid opinions of the Qua- 
kers, or by stirring up mutiny, sedition or rebellion against 
the government, or by taking up their absurd and destruc- 
tive practises, viz. denying civil respect and reverence to 
equals and superiors, withdrawing from our church astern- 



MASSACHUSETTS. 19 

blies, and instead thereof frequenting private meetings of 
their own, in opposition to church order, or by adhering 
to, or approving of any known Quakers or the tenets and 
practises of the Quakers, that are opposite to the orthodox 
received opinions and practises of the godly, and endeav- 
oring to disaffect others to civil government and church 
order ; and condemning the practise and proceedings of 
this court against the Quakers, manifesting thereby com- 
pliance with those whose design is to overthrow the order 
established in church and commonwealth ; every such 
person, upon examination and legal conviction before the 
court of assistants in manner as aforesaid, shall be com- 
mitted to close prison for one month, and then unless they 
chuse voluntarily to depart the jurisdiction, shall give bond 
for their good abbearance and appearance at the next court 
of assistants, where, continuing obstinate, and refusing to 
retract and reform the aforesaid opinions and practises, 
shall be sentenced to banishment on the pain of Death : 
and in case of the aforesaid voluntary departure, not to 
remain or again to return into this jurisdiction, without 
the allowance of the major part of the council first had 
and published, on penalty of being banished upon pain of 
death ; and any one magistrate, upon information given 
him of any such person, shall cause them to be appre- 
hended, and if upon examination of the case, he shall ac- 
cording to his best discretion, finde just ground for such 
complaint, he shall commit such person to prison, until 
he comes to his tryal as is above expressed. (164G.) 

Massachusetts Records, May 11, 1659. 

It is ordered that Lawrence Southwick, Cassandra his 
wife, Samuel Shattock, Nicholas Phelps, Joshua Buflfam, 
and Josiah Southwick, hereby are sentenced according to 
the order of the general court in October last to banish- 
ment, to depart out of this jurisdiction by the eighth of 
June next, on pain of death ; and if any of them after the 



20 BLUE LAWS OF 

said eighth day of June next, shall be found within this 
jurisdiction, they shall be apprehended by any constable 
or other officer of this jurisdiction, and be committed to 
close prison, there to lye till the next court of assistants, 
where they shall be tryed, and being found guilty of the 
breach of this law, shall be put to Death. 

Plymouth Records, June 7, 1659. 

For as much as many persons are greatly corrupted 
with the Quaker doctrines by reading theire bookes, wri- 
tings or episles, which are sent and distributed into sun- 
dry places within this jurisdiction: It is therefore enacted 
by the court and the authoritie thereof that in case the 
constable or grand jurymen or marsh all shall find or heare 
of any Quaker's bookes, epistles or writings, he shall 
seize on them and present them to a magistrate or the 
next court. 

Plymouth Records, 1G59. 

It is enacted by the court, that a proposition bee made 
to the Quakers that such of them as will promise and en- 
gage to remove thier dwellings out of this government 
within six monthes after this present court and performe 
it, that noe fine be exacted of them as soe engage ; and 
such as whose estates are so impoverished as they are dis- 
abled to remove, they shall have som supply made them 
out of the treasury to healp them. 

Plymouth Records, 1059. 

Whereas some have desired and others thinke it meet 
to permit some persons to frequent the Quakers' meetings, 
to endeavour to reduce them from the error of thier wayes, 
the court, considering the premises, doe permit John 
Smith, of Barnstable, Isacke Robinson, John Chipman, 
and John Cooke, of Plymouth, or any two of them, to 
attend the said meetings for the ends aforesaid, att any 
time betwixt this court and the next October court. 



MASSACHUSETTS. 21 

Massachusetts Records, October 18th, 1C59. 

It is ordered that William Robinson, Marmaduke Ste- 
phenson, and Mary Dyer, Quakers, now in prison for 
thiere rebellion, sedition, and presumptuous obtruding 
themselves upon us, notwithstanding thiere being sen- 
tenced to banishment on pain of death, as underminers of 
this government, &c, shall be brought before this court 
for thier trials, to suffer the penalty of the law, {the just 
reward of their transgression,) on the morrow morning, 
being the 19th of this instant. 

William Robinson, Marmaduke Stephenson, and Mary 
Dyer, banished this jurisdiction by the last court of assist- 
ants, on pain of death, being committed by order of the 
general court, were sent for, brought to the bar, acknowl- 
edged themselves to be the persons banished ; after a full 
hearing of what the prisoners could say for themselves, 
it was put to the question, whether Win. Robinson, Mar- 
maduke Stephenson, and Mary Dyer, the persons now in 
prison, w T ho have been convicted for Quakers, and ban- 
ished this jurisdiction on pain of death, should be put to 
death according as the law provides in that case? 

The court resolved this question in the affirmative. 

And the Governor, in open court, declared the sentence 
to William Robinson, that was brought to the bar : — Wil- 
liam Robinson, you shall go from hence to the place from 
whence you came, and from thence to the place of execu- 
tion, and there hangtiW you be dead. — The like sentences, 
the Governor, in open court, pronounced against Marma- 
duke Stephenson and Mary Dyer, being brought to the bar, 
one after another, in the same words. 

Whereas William Robinson, Marmaduke Stephenson, 
and Mary Dyer, arc sentenced by this court to death, for 
thier rebellion, &c. it is ordered, that the Secretary issue 
out his warrant to Edward Mitchelson, marshal! general, 
for repairing to the prison on the 27th of this instant Oc- 



22 BLUE LAWS OF 

tober, and take the said William Robinson, Marmaduke 
Stephenson, and Mary Dyer, into his custody ; and then 
forthwith, by the aid of captain James Oliver, with one 
hundred soldiers, taken out by his order, proportionally 
out of each company in Boston, compleatly armed with 
pike and musketeers, with jwwder and bullett, to lead them 
to the place of execution, and there see them hang till they 
be dead. And in their going, and being there, and return, 
to see all things bee carried peaceably and orderly. War- 
rants issued out accordingly. 

Same Record. 

Whereas Mary Dyer is condemned by the general court 
to be executed for her offences : on the petition of Wil- 
liam Dyer, her son, it is ordered, that the said Mary 
Dyer shall have liberty for forty-eight hours after this day, 
to depart out of this jurisdiction, after which time, being 
found therein, she is forthwith to be executed ; and in the 
mean time that she be kept close prisoner till her son or 
some other person be ready to carry her away within the 
aforesaid time. And it is further ordered, that she shall 
be carried to the place of execution, and there to stand 
upon the gallows, with a rope about her neck, till the rest 
be executed ; and then to return to the prison and remain 
as aforesaid. 

A Letter of Humphrey Norton, ivho was a Quaker, and 
2cho had smarted under the rod of persicution of the 
Governor of the Plymouth Patent, taken from Ply mouth 
Record, which was recorded by order of court, as fol- 
lows, viz : 

Tho. Prence, thou whoe hast bent thy hart to worke 
wickedness, and with thy tongue hast sett forth deceite : 
Thou imaginist mischief upon thy bed, and hatchest thy 
hatred in thy secret chamber, the strength of darkness is 
over thee, and amalicouse mouth hast tl?ou opened against 



MASSACHUSETTS. 23 

God and his Annointed, and with thy tongue and lipps 
hast thou uttered perverse thinges : thou hast slaundered 
the innocent by railing, lying, and false accusations, and 
with thy barbarouse hart hast thou caused theire bloud to 
bee shed : thou hast through these things broken and 
transgressed the lawes and waies of God : and equitie is 
not before thy eyes, the curse causeless cannot come upon 
thee, nor the vengeance of God unjustly cannot fetch thee 
up ; thou makest thyselfe merry with thy cecret mallice ; 
and when thou actes or exequetest it, it's in derision and 
scorn; the deadly drinke of the cup of indignation thou 
cannot escape, and the griefe and cause of trauell will 
not be greater than thyne. Since first I saw thee and 
before, thy false and lying tongue hath been forged against 
mee ; I shall not writt nor speake without ground, as thou 
hast done by mee, but plainely shall present thy doings 
before thy face ; as firstly, thy former warrant was forged 
upon a filthy lye ; and therein thou littest mee an extravi- 
gant person ; thy second had healping hand in causing 
mee to bee recorded for severall errors, and like a sham- 
les man would neither it acknowledge nor deny ; thy third, 
that John Rouse and I were inordiate fellowes, and never 
in the least made it appear wherein ; thy fourth, that I 
intended within two daies after the time thou spake 
it, to make a preachment, as thou in thy derision called it 
thereawaies ; thy fift, thy promise that I should have the 
lau, and afterwards went about to deny it ; soe that as from 
thee I never had it yett; thy sixt, popish and jesuiticall 
names, withal thy lying slaunders and false aspersions cast 
upon us from thy clamourouse tongue ; thy seventh, acting 
contrary to law, equitie, and justice and judgment, accor- 
ding to the evill of thyne owne hart ; all these are thou 
guilty of, besides the denying of my paper which was 
presented to thee containing parte of my grounds of my 
coming; thy eight, jthy striving to dash my words backe 
upon mee, and to hinder mee to speake in the people's 



24 BLUE LAWS OF 

hearing, striving what thou could to staine the truth of 
God with thy enveouse tounge, all which things is charged 
upon thy head, and as a peale of hailestones will pealte 
upon thy hart ; thou hast perverted justice and true judg- 
ment and hast defrauded the poor and needy ; thou hast 
caused to defraud the righteouse owner of his goods, and 
is heaping it up as upon a hill wherewith thou wilt pur- 
chase to thyselfe and others a field of blood wherein to 
bury your dead : John Alden is to thee like unto a pack- 
horse whereupon thou layess thy beastly bagg, cursed are 
all they that have a hand therein ; the cry of vengeance 
will persue thee day and night for other men's goods, hard 
speeches, unrieghteouse actions which thou hast done and 
spoken against others and us, without and contrary to the 
righteouse law ; soe shall rest upon thee as frontless upon 
thy head, and as wee have suffered without law soe shalt 
thou perish without law if thou repent not; the days of 
thy wailing will be like unto that of a woman that mur- 
thers the fruite of her wombe ; the anguish and paine that 
will enter upon thy reignes will be like knawing wormes 
lodging betwixt thy hart and liver ; when these things come 
upon thee, and thy back bowed downe with paine, in that 
day and houre thou shalt know to thy griefe that prophetts 
of the Lord God wee are, and the God of vengeance is 
our God. 

(With care and speed) Humphrey Norton. 

DECLARATION OF THE GENERAL COURT OF MASSACHUSETTS 
RESPECTING THE QUAKERS. 

3IassacJiusctts Records. 

The court haveing considered of the severall declara- 
tions which have been presented to vindicate the justice 
of this court's proceedings in reference to the Quakers, 
do thankfully acknowledge themselves engaged to the gen- 
tlemen that have taken paines therein ; and for the satio- 



MASSACHUSETTS, 25 

faction of such as may any way be doubtful : It is order- 
ed, that the two* declarations, here underwritten, shall go 
forthwith by the authority and order of the general court, 
the first of them to the press to be printed, the other from 
the secretary to the townes in writing. 

Although the justice of our proceedings against Wil- 
liam Robinson, Marmaduke Stevenson, and Mary Dyer, 
supported by the authority of this court, and the laws of 
the country and the laws of God, may rather persuade us 
to expect encouragement and commendation from all pru- 
dent and pious men, than convince us of any necessity to 
apologize for the same, yet for as much as men of weaker 
parts, out of pity and commiseration, (a commendable 
and christian virtue, yet easily abused and susceptible of 
sinister and dangerous impressions,) for want of full infor- 
mation, may be less satisfied ; and men of perverse prin- 
ciples may take occasion hereby to calumniate us and 
render us as bloody persicutors : to satisfy the one, and 
stop the mouths of the other — 

We thought it to be requisite to declare, that about three 
years since, divers persons professing themselves Quakers, 
(of whose pernicious principles and practices we had re- 
ceived intelligence from good hands,) from Barbadoes and 
England arrived at Boston, whose persons were only 
secured, to be sent away by the first opportunity, without 
censure or punishment ; although their professed tenets, 
turbulent and contentious behaviour to authority, would 
have justified a severer animadversion, yet the prudence of 
this court was exercised only in making provision to secure 
the peace and order here established against their attempts, 
whose design we were well assured by our own experience, 
as well as by the example of their predecessors in Muns- 
ter, was to undermine and ruin the same ; and according- 
ly, a law was made and published, prohibiting all masters 

* Only one declaration is recorded. 
3 



20 BLUE LAWS OF 

of ships to bring any Quakers into this jurisdiction, and 
themselves from coming in, on penalty of the house of 
correction, till they could be sent away : notwithstanding 
which, by a back doorethey found entrance, and the pen- 
alty inflicted on themselves, proving insufficient to restrain 
their imprudent and insolent obtrusions was increased by 
the loss of the ears of those that offended the second 
time ; which alsoe being too weak a defence against their 
impetuous and fanatick fury, necessitated us to endeavour 
our security. And upon serious consideration, after the 
former experiments of their incessant assaults, a law was 
made that such persons should be banished on pain of 
Death. According to the example of England, in their 
provision against Jesuits ; which sentence being regular- 
ly pronounced, at the last court of assistants against the 
parties above named : and they either returning or con- 
tinuing presumptuously in this jurisdiction, after the time 
limited, were apprehended and owning themselves to be 
the persons banished, were sentenced (by this court,) to 
death, according to the law aforesaid, which hath ban tz- 
ecutedupon two of than; Mary Dyer, upon the petition of 
her son, and the mercy and clemency of this court, had 
liberty to depart within two days; which she hath accept- 
ed of. The consideration of our gradual proceedings, 
will vindicate us from the clamerous accusation of severi- 
ty. Our own just and necessary defence, calling upon us, 
(other measures failing,) to offer the point which these 
persons have violently and wilfully rushed upon ; and 
thereby are become Felons ele sc, which might it have been 
prevented and the sovereign law, sahts populi been pre- 
served, our former proceedings as well as the sparing of 
Mary Dyer upon an inconsiderable intercession, will man- 
ifestly evince, we desired their life absent, rather than 
their death present. 

Many of that sect of people, which arc commonly call- 
ed Quakers, having from foreign parts, and other colo- 



MASSACHUSETTS. 27 

nies, come at sundry times and in several companies and 
numbers into this jurisdiction of the Massachusetts ; and 
those lesser punishments of the house of correction, and 
imprisonments for a time having been inflicted on some of 
them ; but not suffering to deter or keep them away, but 
that still they have presumed to come hither upon no other 
ground or occasion, (for ought that could appeer,) but to 
scatter their corrupt opinions, and to draw others to their 
way, and so to make disturbance, and the honored gener- 
al court having hereupon made an order and law, that such 
persons should be banished and removed hence, on pain 
of death, to be inflicted on such of them as after their 
banishment, should presume to return and come hither 
again. The making and execution of the aforesaid law, 
may be cleared to be warrantable and just upon such 
grounds and considerations as these, viz. 

1. The doctrine of this sect of people, is distructive to 
fundamental truths of religion, as the sacred trinity, the 
person of Christ, and the holy scriptures as a perfect rule 
of faith and life ; as Mr. Norton hath shewed in his trac- 
tate against the Quakers. Yea, that one opinion of thier 
being perfectly pure, and without sin, tends to overthrow 
the whole gospel, and the very vitals of Christianity ; for 
they that have no sin, have no need of Christ or of his 
satisfaction, or his blood to cleanse them from thier sin ; 
no need of faith to believe in Christ for imputed right- 
eousness to justify them, as being perfectly just in them- 
selves ; no repentance, as being righteous and without sin, 
no need of growing in grace, nor of the word and ordi- 
nances of God that they may grow thereby : for what need 
they to grow better, who are already perfect — no need of 
christian watchfulness against sin, who have no such ene- 
my as sin dwelling in them, as Paul had, but are free from 
the presence and being of sin — and therefore Christ need 
not to say to them, as sometimes to his deciples, watch 
and pray that ye enter not into temptation ; the spirit is 



28 BLUE LAWS OF 

willing but the flesh is weak ; for having no such flesh or 
weakness, they have no need of watchfulness; they have 
no need to purify themselves daily as all christians should, 
for they are perfectly pure already; no need to put off the 
old man, and put on the new, like the christians to whom 
Paul wrote his epistles ; for what need they to do this, 
when they are already without sin, and so without all re- 
mainder of the old man — such fundamentals of Christian- 
ity are overthrown by this one opinion of thiers ; and how 
much more by all thier other doctrines. 

Now the commandment of God is plain, that he that 
presumes to speak lies in the name of the Lord, and turn 
people out of the way which the Lord hath commanded to 
walk in, such an one must not live, but be put to death, 
Zecha. 13: 3. Deut. 13: 6, and 18: 2, and if the doc- 
trine of the Quakers be not such, let the wise judge. 

2. It is the commandment of the blessed God, that 
christians should obey magistrates, Titus, 3: 1, and that 
every soul should be subject to the higher powers. Rom. 
13 : 1, Yea, be subject to every ordinance of man for the 
Lord's sake. 1 Pet. 2: 13, and yield, honor and rever- 
ence, or fear to such as are in authority, Prov. 24: 21, 
1 Pet. 2: 17, and forbear all cursing and reviling and evil 
speeches, touching such persons, Exod. 22 : 28. Eccles. 8 : 
2. Tit. 5: 2. Acts 23: 5. And accordingly good men have 
been wont to behave themselves with gestures, and speech- 
es of reverence and honour towards supcriours in place and 
power, as Abraham bowed down himself to the Hittites, 
Gen. 23 : 7, 12. Jacob and his wives and his children unto 
Esau, Gen. 33 : 3, 6, 7. Joseph's brethren unto Joseph, 
being Governor of Egypt, Gen. 42 : G, and 43: 26, 28. 
Joseph to his father Jacob, Gen. 48 : 12. Moses to his 
father-in-law Jethro, Exod. 18: 7. Ruth to Boaz, Ruth, 
2: 10. David to Saul, 1 Sam. 24: 6. Abigail, Bath- 
sheba, and the prophet Nathan to king David, 1 Sam, 
25 : 23. 1 Kings 1 : 1(3, 23, 31, with others that might be 



MASSACHUSETTS. 20 

added: and for reviling and contemptuous speeches, they 
have been so far therefrom, that they have spoken to and 
of their superiors with terms and expressions of much 
honour and reverence as father, 1 Sam. 19 : 3. 1 Kings, 
19: 20, and 2: 2, 12. Master, 2 Kings, 6: 15. I Sam. 
24: 6. Gen. 33: 13, 14. 1 Pet. 3: 6. My Lord, 1 
Sam. 24: 8. Gen. 44: 18, 19,20. 1 Sam. 1: 15, 26. 
Most noble Festus, Acts 26 : 25. Most excellent Theop- 
ilus, Luke 1 : 3, and the like. That servant of Abraham, 
Gen. 24, doth call Abraham by the term and title of mas- 
ter, a matter of twenty times, or not much less in that 
one chapter, and on the contrary, it is noted as a brand, 
and of false teachers, that they dispise dominion, and are 
not afraid to speak evil of digneties, 2 Peter 2:10. Jude 
8. Though the very angels would not do so unto the 
devil, 2 Pet. 2 : 11. Jude 9. Now, it is well known that 
the practice of the Quakers is too like these false teachers 
whome the apostles speak of and that they are far from giv- 
ing that honour and reverence to magistrates which the 
Lord requireth, and good men have given to them, but on 
the contrary, shew contempt against them in their very out- 
ward gestures and behavior, and some of them at hart, 
spare not to belch out railing and cursing speeches ; witness 
that odious cursing letter of Humphrey Norton: and if so, 
if Abishai may judge; they are worthy to dy ; for so he 
thought of Shimei, for his contemptuous carriage and curs- 
ing speeches against David, 2 Sam. 16:9, and 19 and 21. 
And though David at that time did forbear putting him to 
death, he gave charge to Solomon, that this Shimei having 
cursed him with such a grevious curse, he should not hold 
him guiltless, but bring down his hoary head to the grave 
with blood. 1 Kings 2 : 8, 9. According to which direc- 
tion, King Solomon caused him to be put to death. Verses 
44, 46. 

3. Also in this story of Solomon and Shimei, it is recor- 
ded (1 Kings 2,) how Solomon confined Shimei to Jerusalem, 
3* 



30 BLUE LAWS OF 

charging him upon pain of death not to go out thence, and 
telling him, if he did, he should dy for it ; which confine- 
ment when Shimei had broken, though it were three years 
after, and upon an occasion that might seem to have some 
weight in it, viz. To fetch again his servants that were 
run away from him, yet for all this, the confinement being 
broken, Solomon would net spare him, but put him to death 5 
and if execution of death be lawful for breach of confine- 
ment, may not the same be said for breach of banishment \ 
confinement of the two may seem to be much straighter, 
because in this a man is limited to one place and debarred 
from all others ; whereas in banishment a man is debarred 
from no place but one, all others being left to his liberty; 
the one debars him from all places save that it gives liberty 
to one, the other gives liberty to all places save that it re- 
strains from one, and therefore if death may be justly inflic- 
ted for breach of confinement, much more for return upon 
banishment, which is these Quakers case. 

4. There is no man that is possessed of house or land, 
wherin he hath just title and propriety as his own, but he 
would count it unreasonably injurious that another who had 
no authority thereto should intrude and enter into his house 
without his, the owners consent ; yea, and when the owner 
doth expressly prohibit and forbid the same; we say, when 
the man that so presumes to enter, hath no authority thereto: 
For if it were a constable or other officer legally authorized, 
such an one might enter notwithstanding the householder dis- 
sent or charge to the contrary; but for them that have no au- 
thority the case is otherwise, and if such one should presume 
to enter into another mans house and habitation, he might 
justly be impleaded as a thief or an usurper, and if in case 
of such violent assault the owners, Lc defendendo, should 
slay the assailant and intruder, his blood would be upon 
his own head ; and if private persons may in such case shed 
the blood of such intruders, may not the like be granted to 
them that are the publick keepers and guardians of the Com- 



MASSACHUSETTS. '31 

monwealth 1 Have not they as much power to take away the 
lives of such as contrary to prohibition shall invade and in- 
trude into their publick possessions or Territories, as private 
and particular persons to deal so with them that without au- 
thority shall presume to enter into their private and particu- 
lar habitations ! which seems clearly to be the present case ; 
for who can believe that Quakers are constables over this 
colony to intrude themselves, invade and enter whether the 
colony will or no, yea, notwithstanding their express prohi- 
bition to the contrary ? If in such violent and bold at- 
tempts they lose their lives they may thank themselves as 
the blameable cause and Authors of their own death. 

5. Who can make question, but that a man that hath 
children and family, both justly may and in duty ought to 
preserve them of his charge, (as far as he is able) from the 
dangerous company of persons inflicted with the plague or 
pestilence, or other contagious, nosome and mortal diseases, 
and if such persons should offer to intrude into the mans 
house amongst his children and servants, notwithstanding 
his prohibition and warning to the contrary, and thereby 
shall endanger the health and lives of them of the family, 
can any man doubt but that in such case, the Father of the 
family in defence of himself, may withstand the intrusion of 
such infected and dangerous persons, and if otherwise he 
cannot keep them out may kill them'? — Now in Scripture, 
corruption in mind or judgment is counted a great infection 
or defilement, yea, and one of the greatest; for the apostle 
saying of some men ; that to them there is nothing pure, 
gives this as the reason of it, because even their mind con- 
science is defiled, Titus 1: 15, as if defilement of mind did 
argue the defilement of all ; and that in such case there was 
nothing pure, even as when leprosy was in the head, the 
Priest must pronounce such a man utterly unclean siththe 
plague was in his head, Levit. 13, 44. And it is the Lords 
command that such corrupt persons be not received into 
house, 2 John 10, which plainly enough implies that the 



32 BLUE LAWS or 

householder hath power to keep them out, and that it was 
not in their power to come in, if they pleased whether the 
householder would or no — And if the Father of a particular 
Family may thus defend his children and household, may not 
magistrates do the like for their subjects, they being nur- 
sing Fathers and nursing Mothers, by the account of God 
in holy scripture, Isai. 49: 23. Is it not clear that if the 
Father in the family must keep them out of his house, the 
Father of the commonwealth, must keep them out of his Ju- 
risdiction, and if sheep and lambs cannot be preserved from 
the danger of the wolves, and the wolves will break in 
amongst them, it is easy to see what the Shepherd or keep- 
er of the sheep may lawfully do in such a case. 

6. It was the command of the Lord Jesus Christ to his 
disciples, that when they were persecuted in one city, that 
they should flee into another, Mat. 10: 23. And according- 
ly it was his own practice so to do many a time, both when 
he was a child and afterwards, Mat. 2: 13, 14, 12: 15, John 
7: 1, and 8, last and 10: 39, and so was also the practice of 
the saints, witness what was written of Jacob, Gen. 27: 42, 
43, and 28: 5, of Moses, Exod. 2: 14, 15, of Elias, 1 Kings, 
19: 3.— of Paul, Acts 9: 24, 25,29, 30, and 17: 13, 14, and 
of the apostle, Acts 14: 4, 5, and others who when they 
have been persecuted have fled away for their own safetv, 
and Reason requires that when men have liberty to it they 
should not refuse so to do, because otherwise they will be 
guilty of tempting God and of incurring their own hurt, as 
having a fair way open for the avoiding thereof, but they 
needlessly expose themselves thereto. 

If therefore that which is done against Quakers in this 
Jurisdiction were indeed persecution, as they account of it, 
though in truth it is not so, but the due ministration of Jus- 
tice, but suppose it were as they think it to be, what spirit 
may they be thought to be acted or led by, who are in their 
actings so contrary to the commandment and example of 
Christ and of his saints in the case of persecution, which 



MASSACHUSETTS. 33 

these men suppose to be their case; plain enough it is, if 
their case were the same, their actings were not the same, 
but quite contrary, so that Christ and his Saints were led by 
one Spirit and these people by another, for rather than they 
would not shew their contempt of authority and make dis- 
turbance amongst his people, they choose to go contrary to 
the express directions of Jesus Christ and the approved Ex- 
amples of his Saints, altho it be to the Hazard and Peril of 
their own Lives. 

Plymouth Records, June 10, 16G0. 

Whereas by a former order of court, all persons were 
required to give notice to the constables of theire severall 
precincts of all such persons as were knowne to be foraigne 
Quakers, now this present court doth enacte that it shall 
bee lawfull for any inhabitant within this Jurisdiction upon 
theire knowledge, and having oppertunitie to use all en- 
deavours to apprehend all such Quakers, and to deliver 
them to the Constables, or bring them before the Governor, 
or some one of the Magistrates. 

Whereas we find that of late time, the Quakers have bine 
furnished with horses, and thereby they have not only the 
more speedy passage from place to place to the poisoning of 
the inhabitants with theire cursed tenetts, but alsoe thereby 
have escaped the hands of the Officers, that might otherwise 
have apprehended them. It is therefore enacted by the 
court and the Authoritie thereof, that if any person or per- 
sons whatsoever in this Government, doth, or shall furnish 
any of them with horse or horse kind, the same to bee for- 
fited and seized on for the use of this government ; or any 
horses that they shall bring into the government, or shall be 
brought in for them, and they make use of, shalbee forfeit- 
ed as aforesaid : and that it shall be lawfull for any Inhabit- 
ant to make seizure of any such horse and to deliver him 
to the Constable or the Treasurer for the use of the coun- 
trv. 



34 BLUE LAWS OF 

It is enacted by the court, that any one that shall bring 
in any Quaker or Rantor by land or water into this govern- 
ment, viz., by being a guide to them, or any otherwise shal 
bee fined to the use of the government, the sume of ten 
pounds for every such default. 

Plymouth Records, 1G60. 

It is enacted by the Court and the autboritie thereof, that 
if any person or persons commonly called Quakers, or 
other such like vagabonds shall come into any towne of this 
government, the Marshall or constable shall apprehend him 
or them, and upon examination, soe appearing, hce shall 
whip them, or cause them to bee whipt with rodds : soe it 
exceede not fifteen stripes, and to give him or them a passe 
to depart the Government, and any such person or persons 
bee found within the Government without theire passe, or 
not acting according thereunto, they shal bee punished 
again as formerly ; and in case any constable of this Juris- 
diction shal bee unwilling, or cannot procure any to inflict 
the punishment aforesaid, that then they shall bringe such 
persons to Plymouth to the under Marshall, and he shall 
inflict it. 

It is enacted by the court and the Authoritie thereof, that 
henceforth, noe person or persons shall permit any meet- 
inges of the Quakers to bee in his house or houseing, on 
the penaltie of being sumoned to the General Court, and 
there being convicted thereof, shalbee publickly whipt, or 
pay five pounds to the Collonies use. 

Whereas there is a constant monthly meeting together of 
the Quakers from divers places in great numbers, which is 
verry offensive, and may prove greatly prejuditiall to this 
Government, and in as much as the most constant place for 
such mectinges is att Duxburrow : This court have de- 
sired and appointed Mr. Constant Southworth, and Will- 
iam Payboddy to repaire to such theire meetings, together 
with the Marshall or Constable of the towne, and to use 



MASSACHUSETTS. 35 

thcire endeavours, by argument and discourse, to convince 
or hinder them ; and in case the place of theire meeting 
should bee changed, the court desires the above named, or 
any other meet persons to attend them there alsoe. 

Massachusetts Records, 16 Oct., 1660. 

For explanation of the law or laws referring to the man- 
ner of trial of such persons as are found in this jurisdiction 
after banishment on pain of death. 

This court doth judge meet to declare, that when any 
person or persons banished upon pain of death, shall after 
the expiration of their time limitted for departure, be found 
within the limits of this Jurisdiction, all Magistrates, com- 
missioners, constables and other officers of this jurisdiction 
do use their best endeavours for their apprehending and 
conveying to safe custody, and being there secured : such 
person or persons shall at the next court of assistants, 
whether in ordinary or especially called, according to the 
direction of law for calling such courts, have a legal trial 
by a jury of twelve men ; and being found by evidence, or 
their own confession, to be the person or persons formerly 
sentenced to banishment on pain of death, shall according- 
ly be sentenced to Death and executed, by warrant from the 
Governor, or Deputy Governor, directed to the Marshall 
Generall ; unless he or they be regularly reprieved in the 
meantime. 

Massaoh u setts Records. 

This court being desirous to try all means, with as much 
lenity as may consist with our safety, to prevent the intrusions 
of the Quakers, who, besides their absurd and blasphem- 
ous doctrines, do like Rogues and vagabonds come in upon 
us, and have not been restrained by the laws already pro- 
vided : 

Have ordered that every Mich vagabond Quaker, found 
within any part of this Jurisdiction, shall be apprehended 



30 BLUE LAWS OP 

by any person or persons, or by the constable of the towne 
wherein he or she is taken, and by the constable, or in his 
absence, by any other person or persons, conveyed before 
the next magistrate of that Shire wherein they are taken, 
or Commissioner invested with Magistratical power : and 
being by the said magistrate or magistrates, commissioner 
or commissioners adjudged to be a wandering Quaker, viz. 
one that hath not any dwelling, or orderly allowance as an 
inhabitant of this Jurisdiction, and not giving civil respect 
by the usual gestures thereof, or by any other way or means 
manifesting himself to be a Quaker, shall by warrant under 
the hand of the said magistrate or magistrates, commission- 
er or commissioners, directed to the Constable of the towne 
wherein he or shee is taken, or in absence of the constables, 
to any other meet person, be stripped naked from the mid- 
dle upwards, and tyed to a cart's tail, and whipped through 
the town, and from thence, immediately conveyed to the 
constable of the next town towards the border of our juris- 
diction as the warrant shall direct, and so from constable to 
constable, till they be conveyed through any the outward- 
most towns of our Jurisdiction. 

And if such vagabond Quaker shall return again, then 
to be in like manner apprehended, and conveyed as often as 
they shall be found within the limits of our Jurisdiction : 
provided every such wandering Quaker, having been thrice 
committed and sent away as above said, and returning again 
into this jurisdiction, shall be apprehended, and committed 
by any magistrate or commissioner as above said, unto the 
house of correction, within that county wherein he or she is 
found, until the next court of that county ; where, if the 
court judge not meet to release them, they shall be branded 
with the letter R on their left shoulder, and be severely 
whipt, and sent away in manner as above. 

And if after this, he or shee shall return again ; then to 
be proceeded against as incorrigible Rogues and enemies to 
the common peace, and shall immediately be apprehended 



MASSACHUSETTS. 37 

and committed to the common goal of the country, and at 
the next court of Assistants, shall be brought to theire tryal, 
and proceeded against according to the Law made Anno 
1G5S — for their banishment on pain of Death. 

And for such Quakers as shall arise from amongst our- 
selves, they shall be proceeded against as a former law of 
Anno 1658. 

Massachusetts Records, passed 22 May, 1661. 

It is ordered that all the Quakers now in prison be ac- 
quainted with the new Law made against them, and forth- 
with released from prison, and sent from constable to con- 
stable, out of this Jurisdiction ; and if they or any of them 
be found after twelve hours within the same, he or they shall 
be proceeded with according to the law made this present 
court, Peter Pierson and Judah Brown* excepted, persons 
condemned to be whipt in the prison, only with twenty 
stripes apiece. 

MANDAMUS TO THE GOVERNMENT OF NEW ENGLAND. 

LoioelVs History of the Quakers. 

Charles R. 

Trusty and well beloved, wee greet you well. Having 
been informed that several of our subjects amongst you, 
called Quakers, have been, and are imprisoned by you, 



*Note. These persons being indicted stood mute ; and the court or- 
dered, "that they shall by the constable of Boston be forthwith taken 
out of the prison and striped from the girdle upwards, by the execution- 
er, and tied to the cart's tail, and whiped tlnough the town with twenty 
stripes and then carried to Roxbury and delivered to the constable there, 
who is also to ty them, or cause them in like manner to be tied to a cart's 
tail, and again whip them through the town with ten stripes ; and then 
carried to Dedham, and delivered to the constable there who is again in 
like manner to cause them to be tied to the cart's tail, and whipt with ten 
stripes through the town, and from thence they are immediately to depart 
this jurisdiction at their peril."— Hazard's Historical Collections, 
4 



33 BLUE LAWS OF 

whereof some of them have been executed, and others (as 
hath been represented unto us) are in danger to undergo 
the like; We have thought fitt to signifie our pleasure in 
that behalf for the future ; and do hereby require, that if 
there be any of those people called Quakers amongst you, 
now already condemned to suffer death, or other corporal pun- 
ishment, or that are imprisoned, and obnoxious to the like 
condemnation, you are to forbear to proceed any farther 
therein ; but that you forthwith send the said persons 
(whether condemned or imprisoned,) over into this our 
Kingdom of England ; to gather the respective crimes or 
offences laid to their charge; to the end that such course 
may be taken with them here as shall be agreeable to our 
Laws, and their demerits ; and for so doing, these our letters 
shall be your sufficient warrant and discharge. 

Given at our court at Whitehall, the 9th day of Septem- 
ber, 1661, in the 13th year of our reign. 
By his Majesty's command, 

William Morris. 

The superscription to the last was as folloics : 

To our Trusty and well beloved John Endicott, Esq., and 
to all and every other the Governor or Governors of our 
plantations of New England, and all the colonies thereunto 
belonging, that now are, or hereafter shalbee ; and to all 
and every the Ministers and Officers of our said plantations 
and Colonies whatsoever, within the Continent of New 
England. 

Massachusetts Records, passed 27th 9th month, 1661. 

At this court, a letter from the King's Majesty was read 
in, court, bearing date the 9th day of September last, in the 
thirteenth year of his Majesty's Reign, in and by which his 
Majesty's pleasure in relation to the people called Quakers 
was signified, and 

After the court's due perusal and consideration thereof, 



M ASS ACI1L' SETTS. 39 

fhey proceeded to declare the just and necessary rules of 
our government and condition for preservation of religion, 
order, and peace, hath induced the authority here established 
from time to time, to make and sharpen laws against Qua- 
kers, in reference to their restless intrusions and impetuous 
disturbances, and not any propensity or any inclination in 
tis to punish them in person or estate, as is evident by our 
gradual proceedings with them, releasing some condemned, 
and others liable to condemnation, and all imprisoned were 
released and sent out of our borders ; all which notwith- 
standing, their restless spirits have moved some of them to 
return and others to fill the Royal ear of our sovereign lord, 
the King, with complaints against us, and have by their un- 
wearied solicitations in our absence, so far prevailed as to 
obtain a letter from his Majesty to forbear their corporal 
punishment or death ; although we hope and doubt not but 
that if his Majesty were rightly informed, he would be far 
from giving them such favour, or weakening his authority 
here, so long and orderly settled ; Yet that we may not in 
the least offend his Majesty : This court doth hereby order 
and declare that the execution of the laws in force against 
Quakers as such, so far as they respect corporal punish- 
ment or death, be suspended until this court take further 
order. 

Massachusetts Record. 

This court heretofore, for some reasons induceing, did 
judge meet to suspend the execution of the laws against 
Quakers as such, so far as they respect corporal punish- 
ment or death, during the court's pleasure. Now for as 
much as new complaints are made to this court, of such 
persons abounding, especially in the eastern parts, endeav- 
ouring to draw others to that wicked opinion ; it is therefore 
ordered, that the last law, tit. vagabond Quakers, May, 
1(561, be henceforth in force in all respects; Provided that 
their whipping be but through three towns; and the magis- 



40 BLUE LAWS OF 

trates or commissioners signing such warrant, shall appoint 
both the towns, and number of stripes in each town to be 

given. 

In Massachusetts Records, December 19th, 1660, will 
be found an address by Massachusetts colonists to King 
Charles II. and Parliament, asking favors and showing their 
grievances, from which the following, relating to Quakers,' 
is extracted, viz : 

Concerning the Quakers, open and capital Blasphemers, 
open Seducers from the glorious Trinity, the Lord's Christ, 
our Lord Jesus Christ, &c, the blessed Gospel, and from 
the holy Scriptures as the Rule of Life, open Enemies to gov- 
ernment itself as established in the hands of any but men 
of their own principles, malignant and assiduous promoters 
of Doctrines directly tending to subvert both our Churches 
and State — after all other means for a long time used in 
vain, we were at last constrained for our own safety to pass 
a sentence of banishment against them, upon^am of Death ; 
such was their dangerous, impetuous, and desperate turbu- 
lency, both to Religion and the estate civil and ecclesiastical, 
as that how unwillingly soever, could it have been avoided, 
the magistrate at last, in conscience both to God and man, 
judged himself called, for the Defence of all, to keep the 
passage with the Point of the sword held towards them. 
This could do no harm to him that would be warned there- 
by; their wittingly rushing themselves thereupon was their 
own act, and ice with all Humility conceive a crime, bring- 
ing their Blood upon their own Head. 

The Quakers died not because of their other crimes, 
how capital soeuer, but upon their superadded presumptuous 
and incorrigible contempt of Authority, breaking in upon 
us notwithstanding their sentence of Banishment made known 
to them : had they not been restrained, so far as appeared, 
there was too much cause to fear that we ourselues must 
haue died, or uwrsc; and such was their Insolcney, that they 



MASSACHUSETTS. 41 

would not be restrained but by Death : Nay, had they at last 
but promised to depart the jurisdiction, and not to return 
without leave from Authority, we should have been glad of 
such an oppertunity to have said They should not dye. 

Let not the King hear Men's words ; your servants are 
true men, Fearers of God and of the King, not given to 
change, Zealous of government and order, orthodox and 
peaceable in Israel ; we are not seditious as to the interest 
of Caesar, nor schismaticks as to the matters of religion : We 
distinguish between churches and their Impurities, between 
a living man, though not without sickness or Infirmity, or 
no man ; Irregularities, either in ourselues or others, we de- 
sire to be amended. We could not live without the publick 
worship of God. We were not permitted the use of pub- 
lick worship without such a yoke of subscription and con- 
formity as we could consent unto without sin : that we 
might therefore enjoy divine worship without the human 
Mixtures, without offence either to God, man, or ourselues, 
who came away in our strength, are by reason of verry 
long absence, many of us become grey-headed, and some of 
us stooping for age. 

EXTRACTS FROM THE EARLY LAWS OF THE COLONY OF 
NEW PLYMOUTH. 

" It was agreed upon by the whole court held the 6th of 
January 1627, that from hence forward no dwelling house 
was to be covered with any kind of thatche, as straw, reed, 
&x. but with either board or pale and the like to wit of all 
that were to be new built in the town. 

January 1632 — It was now enacted by public consent of 
the freemen of this society of New Plymouth, that if now or 
hereafter any were elected to the office of Governor, and 
would not stand to the election, nor hold and execute the 
office for his year, that then he be amerced in twenty pounds 
sterling fine; and in case refused to be paid upon the Iaw- 
4 # 



42 BLUE LAWS OF 

fal demand of the ensuing Governor, then to be levied out 
of the goods or chatties of the said person so refusing. 

It was further ordered and decreed that if any were elec- 
ted to the office of councell and refused to hold the place, 
that then he be amerced in ten pounds sterling fine, and in 
case refused to be paid to be forthwith levied. 

It was further decreed and enacted that in case one and 
the same person should be elected governor a second year, 
having held the place the foregoing year it should be lawful 
for him to refuse without any amercement. And the com- 
pany to proceed to a new election except they can prevail 
with him by entreaty. 

July 1, 1633. That the person in whose house any were 
found, or suffered to drincke drunck, be left to the arbitrary 
fine and punishment of the Governor and Councell accord- 
ing to the nature and circumstances of the same. 

That none be suffered to retale wine or strong water, or 
suffer the same to be druncke in their houses, except it be at 
some iime or victualing house, and there only to strangers 
at their first coming, not exceeding the value of two pence 
a person; and that no beer be sold in any such place to 
exceed two pence the Winchester quart. 

That no man keep more swine than can be kept to lie 
ordinarily about their own houses. And if they drive them 
from home, to drive and keep them in such places where no 
detrim't may come to any thereby. 

1G3G. That none be allowed to be house keepers or build 
any cottages till such time as they be allowed and approved 
by the governor and councill. 

That none be allowed to marry, that are under the covert 
of parents, but by their consent and approbacon. But in 
case consent cannot be had, then it shall be with the consent 
of the Governor or some assistant to whom the persons are 
known, whose care it shall be to see the marriage be fitt be- 
fore it be allowed by him. And after approbation be three 



MASSACHUSETTS. 43 

severall times published before the solemnising of it. Or 
else in places where there is no such meetings, that contracts 
or agreements of marriage may be published, that then it 
shall be lawful to publish them by a writing thereof made 
and set upon the usual pubiicke place for the space of fif- 
teen days, provided that the writing be under some majes- 
trats hand or by his order. 

That the children and serv'ts of such as dweel neer any 
victualling house be not entertayned or suffered by the Mr. 
of the said house there to drinke and spend their time ; but 
if any such thing can be proved, it be esteemed a misde- 
meanor punishable in said victualler, and to be enquired into. 

It is concluded upon by the Court, that three pieces shott 
of distinctly one after an other shall be an allarrum. And 
two peeces to give warning of some house on fier. 

It is concluded upon by the Court, that Mr. John Jen- 
ney shall have liberty to erect a milne for grinding and bea- 
ting of corne upon the brooke of Plymouth, to be to him 
and his heirs forever ; and shall have a pottle of corne toule 
upon every bushell, for grinding the same for the space 
of the two first years, next after the said milne is erected, 
and afterwards but a quart at a bushell for all that is brought 
to the milne for others, but if he fetch it and grind it him- 
selfe or by his servants, then to have a pottle toule for ev- 
ery bushell as before. 

It is enacted by the Court that there shall be a watch of 
foure men hyred to keepe watch at New Plymouth, at the 
pubiicke charge, for the safety of the person of the Govern- 
or. And the town of New Plymouth to add more men un- 
to them to strengthen them as neede shall require. 

1637. — It is ordered by the Court, that there shall be a 
guard of twelve musketicrs to attend the p'son of the Gov'- 
nor on the Lord's day, and at other times when it shall be 
required. 



44 BLUE LAWS OF 

1638. — Whereas divers persons unfit for marriage, both 
in regard of their yeong yeares, as also in regard of their 
weake estate, some practiseing the inveagleing of men's 
daughters and maids under gardians, contrary to their pa- 
rents and gardians likeing, and of mayde servants, without 
leave and likeing of their masters: It is therefore enacted by 
the Court, that if any shall make any motion of marriage to 
any man's daughter or mayde servant, not having first ob- 
tayned leave and consent of the parents or master so to doe, 
shall be punished either by fine or corporall punishment, or 
both, at the discretions of the bench, and according to the 
nature of the offence. 

It is also enacted, that if a motion of marriage be duly 
made to the master, and through any sinister end or cove- 
tous desire, he will not consent thereunto, then the cause to 
be made known unto the magistrates, and they to set down 
such order therein as upon examinaconof the case shall ap- 
pear to be most equall on both sides. 

It is enacted by the court that according to the former 
acts of this court concerning labourers wages, that a labour- 
er shall have 12d a day and his dyett, or \8d a day with- 
out dyett, and not above throught the Govern't. 

16 9. — That whosoever shall prophanely sweare or curse 
by the name of God or any of his titles, attributes, word or 
works, upon proofe thereof made by sufficient testimony or 
confession of the party, he shall pay for every such default 
Xlld, or be set in the stocks, so that it exceed not the space 
of three houers, or putt in prison according to the nature and 
quality of the person. 

1G40. — That if any persons take tobacco whilst they are 
empannelled upon a Jurie, to forfeit five shillings for every 
default, except they have given up their verdict, or are not to 
give yt until the next day or dep't, the court by consent. 

1641. — It is enacted that every township within this gov- 



MASSACHUSETTS. 45 

ernment, do carry a competent number of peeces fix'd and 
compleate with powder, shott, and swords, every Lord's day 
to the meetings — one of a house from the first of September 
to the middle of November, except their be some just and 
lawfull impedyment. 

1642. — That all Smyths within the government be com- 
pelled to amend and repaire all defective armes, brought 
unto them, speedily, and to take corn for their pay at reason- 
able rates; and the Smyth refusing, to answer it at his p'll. 

It is enacted by the court, that all milners within this 
Govern' t shall provide and keepe weights and scales in their 
millnes to weigh mens corne withall. 

1G43. — The guns and peeces allowed for service are 
these, vizt. musketts, firelocks, and matchcocks so that they 
have foure fathome of match at all tymes for every match- 
cock, caliver, carbines, and fouleing peeces, so that they be 
not above foure foote and a half long, and not under bastard 
muskett or caliver bore. 

1(344. — It is enacted, that there shall be allowed at the 
generall charges, a gaurd of two halberts for the safety of 
the Governors person at the generall court. 

1G40. — It is enacted by the court, that none do keepe 
victualling or an ordinary or draw Wyne by retayle, within 
this Government, but such as are allowed by the generall 
court, and that if any victualler or ordinary keeper do either 
drink drunck himself, or suffer any person to be druncken 
in his house, they shall pay five shillings a pcece, and if the 
victualler or ordinary keeper do suffer any townsmen to stay 
drinking in his house above an hour at one tyme, the vict- 
ualler or ordinary keeper shall pay for every such default 
XllrZ and by drunckennesse is understood, a person that ei- 
ther lisp or faulters in his speech by reason of much drink, 
or that staggers in his going, or that vomitts by reason of 



46 BLUE LAWS or 

excessive drinking, or cannot follow his calling. The per- 
son or persons that shall be found guilty in these or any of 
them, shall for the first default pay five shillings, and for the 
second default tenn shillings to the colonies use, and for 
the third tyme he shall be found faulty, to be bound to the 
good behaviour. And if he or they cannot or will not pay 
the fine or fines, then to be sett in the stocks, &c. 

Whereas there is great abuse in taking of tobacco in ver- 
ry uncivil manner in the streets and dangerously in out- 
houses, as Barnes, stalls about haystacks, come stacks and 
other such places, it is therefore enacted by this courte, 
that if any person or persons shall be founde or seene here- 
after taking Tobacco publickly in the open streets of any 
Towne, (unless it be soldiers in time of their trayninge) or 
In and abouts Barnes, Stouies, hay stacks, corne stacks, 
hay yeards, or other such places or outhouses, that every 
such person or persons so offendinge, shall forfeit and pay 
to the Townes use, for the first default Xllr/, for the second 
lis, and soe for every such default afterwards lis, and it 
shall be lawful and by this act warrantable for the constable 
of every township, without further warrant, upon sight or 
information thereof, to distrain e his or their goods for it as 
doe refuse to pay it upon his demand, and to be accompta- 
ble to the Treasurer of what he receives yearly at the Elec- 
con Corte. 

1652. — Ordered by the Court, that whereas in regard of 
age or disabillitie of bodie, urgent occations and other in- 
conveniencies that do accrew, sundrey of the freemen are 
hindered that they cannot appear att courts of election in 
consideration whereof, it is ordered and enacted by the 
court, that any freemen of this corporacon, shall have liber- 
tie to send his vote by proxey for the choise of Governor, 
Assistants, Commissioners, and Treasurer, 

1G57. — It is ordered by the court, that in case any shall 
bring in any Quaker, Rant or or other notoriouseheritiques, 



MASSACHUSETTS. 47 

either by land or water into any p'te of this government, 
shall forthwith upon order from any one magistrate, returne 
them to the place from whence they came, or clear the gov'- 
ment of them on the penaltie of paying a fine of twenty 
shillynges for every weeke that they shall stay in the Gov- 
ernment after warninge. 

1658. — The chiefe marshall is allowed twenty make p. 

annum for his wages, besides his ordinary fees allowed by 

the court. 

The Fees of the Chief Marshall allowed by the court. 

£. s. d. 
It. for serving of an Execution, - - 00 5 00 
It. for his journey about it, 2d p. mile, - 00 00 00 
It. for serving an attachment, - - 00 2 6 

It. for a comitment, - - - - 00 2 6 

It. for imprisonment, 2s. 6d. per day, - 00 00 00 
It. for every action that is entered, - - 00 00 6 
It. the one halfe of all fines not exceeding 00 6 00 

It is enacted by the court, that the chiefe marshall shall 
have two shillings in the pound for gathering of fines, &,c. 
if they bee not brought in by the p'ties themselves. 

The under marshall is allowed twenty nobles p. annum, 
besides his fees allowed by the court. 

It is enacted by the court, that the public officers' wages 
shalbee paid in corn. 

Enacted, that every towne that that shalbee defective in 
the want of a drum att any time for the space of two monthes, 
shall forfeit the sume of forty shillings to the collonies' use ; 
that shalbe defective in Coulbers the ^pace of six monthes, 
four pounds. 

1G59. — It is enacted by the court, that every cunstable of 
this jurisdiction, shall have a cunstable stafTe, whereby to 
distinguish them in their office from others, and to bee pro- 



48 BLUE LAWS OF 

vided by the treasurer, and to bee delivered by the foregoing 
cunstable to him that succeeds yearly. 

For as much as many p'sons are greatly corrupted with 
the Quakers' doctrines, by reading theire bookes, writings, 
or epistles, which are sent and distributed into sundry places 
within this jurisdiction, it is therefore enacted by the court 
and the authoritie thereof, that encase the cunstable or 
grandjurymen or marshall shall finde or heare of any Qua- 
kers' bookes, epistles, or writings, hee shall seize on them 
and pr'sent them to a magistrate or the next court. 

1C61. — It is enacted by the court and the authoritie 
thereof, that henceforth no p'son or p'sons shall p'mit any 
meetings of the Quakers to bee in his house or housing, on 
the penaltie of being sumoned to the generall court, and 
there being convicted thereof, shalbe publicly whipt or pay 
a five pounds to the collonies use. 

1662. — The court proposeth it as a thing they judge 
would be very comendable and beneficiall to the townes 
where God's providence shall cast any whales, if they 
should agree to sett apart some p'te of every such fish or 
oyle for the incouragement of an able and godly minister 
amongst them. 

1C65. — Whereas complaint is made unto the court of 
great abuse in sundry townes of this jurisdiction, by p'sons 
theire behaving themselves, prophanely, by being without 
dores att the meeting house on the Lord's daies, in time of 
exercise, and there misdemeaning themselves by jesting, 
sleeping, or the like ; it is enacted by the court, and hereby 
ordered, that the constables of each township of this juris- 
diction, shall in their respective townes, take speciall notice 
of such p'sons and to admonish them, and if notwithstand- 
ing they shall p'sist on in such practices, thatt hee shall sett 
them in the stockes, and incase this will not reclaim them, 
that they retume theire names to the court. 



MASSACHUSETTS. 40 

1668. — It is enacted by the court, that all the Kinge'a 
high wayes within this gov'ment shalbe forty foot in breadth 
at the least. 

1669. — It is enacted by the court, that all such lycenced 
ordinaries shall not suffer prophane singing, daunceing, of 
revelling in theire houses, on the penaltie of ten shillings 
for every default, and that all ordinary keepers be ordered 
to keep good beer in their houses to sell by retaile, and that 
some one in every towne bee appointed to see that the beer 
they sell be suitable to the prise they sell it for. 

Whereas great inconvenience hath arisen by single p'sons 
in this collonie being for themselves, and not betaking 
themselves to live in well governed families, it is enacted 
by the court, that henceforth noe single p'sons be suffered 
to live of himself or in any family, but as the Celect men of 
the towne shall approve of, and if any p'son or p'sons shall 
refuse or neglect to attend such order as shalbe given them 
by the Celect men, that such p'son or p'sons shalbe sumoncd 
to the court to be proceeded with as the matter shall re- 
quire. 

^It is enacted by the court, that any p'son or p'sons that 
shalbe found sraoaking Tobacco on the Lord's day, going 
too or coming from the meetings, within two miles of the 
meeting house, shall pay twelve pence for every such default 
to the collonie's use. 

For the prevention of the prophanation of the Lord's 
day, it is enacted by the court and the authoritie thereof, 
that the Celect men of the several! townes of this jurisdic- 
tion, or any one of them, may or shall as there may be occa- 
sion, take with him the cunstable or his deputie, and repaire 
to any house or place where they may suspect that any 
slothfully doe lurke alt hom or getl ( >gether in companie 
to neglect the publicke worship of God, or prophane the 
Lord's day, and finding any such disorder, shall returne the 
5 



60 BLUE LAWS OF 

names of the p'sons to the next court, and give notice alsoe 
of any prticular miscarriage that they have taken notice 
of, that it may be enquired intoe. 

1671. — It is enacted by the court, that noe rum shalbe 
sold in this gov'ment to exceed in prise above five shillings 
a gallon, or if retailed, towo pence a gill. 

1673. — It is enacted by the court, that on the sixt day of 
the weeke, in October court and July court, and att noe 
other courts or other dayes in those weekes, shall Indian 
business be attended by the court to the prejudice of the 
other occations of the court and countrey. 

1675. — It is ordered by the court, that foure halberteers 
be in a reddiness to attend the Gov'r and assistants on 
days of Election yeerly, and two after the Election is over, 
all the time which that court contineweth. 

It is ordered by the court, that whosoever shall shoot of 
any gun on any unnessesarie occation, or att any game what- 
sover, except att an Indian or a woolfe, shall forfeite five 
shillings for every such shott, till further libertie shalbe 
given. 

1677. — Whereas by frequent and sad experience, great 
disorder acrews by the great concourse of Indians unto Ply- 
mouth in court times, in that very oftens they drinke them- 
selves drunke, whereby God is much dishonored and sober 
minded men ollended ; it is ordered by the court, that all 
Indians be prohibited from appeering att Plymouth in court 
times, except upon speciall occations, without order from 
some one of the magistrates of this Jurisdiction, or a Celect 
man, on paine of the payment of a fine of five shillings for 
any that shall appeer without a certifycate as aforesaid, or 
be publicly whipt. 

It is enacted by the court, that all such p'sons in this 
gov'nient who have served under comission in the late Warr 



MASSACHUSETTS. 51 

against the natives, shall not be compellable to serve in the 
Milletary company in any lower capacitie than commission 
officers ; and those officers who served in lower degree, 
shall return to theire former stations. 

1678. — For the preventing of prophanes increasing in 
the collonie, which is soe provoaking to God and threaten- 
ing to bringe judgments upon us, it is enacted by the court 
as an addition to our printed order, chapter 9th, folio 30th, 
that none shall come to inhabite without leave, &c, and if 
any have or shall att any time intrude themselves to inhabite 
any where within this collonie, not attending the aforesaid 
order, shall forthwith be warned to be gon out of the collo- 
nie, which if they shall not speedily doe, then every such 
offender shall pay five shillings p. weeke for every weeke's 
continuance in this collonie, after warning to be gon. 

1635. — Voted, that Indian corne, for defraying publicke 
charge and payeing all publicke officers, be att two shillings 
sixpence pr. bushell. 

That the secretary's wages be fifteen pounds a year, in 
corne, at two shillings pr. bushell. 

. — Ordered by this court and the authority thereof, 
that if any person, English or Indian, apprehend and bring 
before authority, any man that is an Indian Enimy, he shall 
have ten pounds for a reward if he bring him alive, and five 
pounds if killed, provideo it be evident it be an Emmie In- 
dian. 

CAPITAL LAWS OF THE COLONY OF NEW PLYMOUTH, RE- 
VISED AND PUBLISHED BY ORDER OF THE GENERAL COURT 
IN JUNE, 1671. 

1. It is enacted by this court and the authority thereof, 
that if any person having had the knowledge of the true 
God, openly and manifestly, have or worship any other God 
but the Lord God, he shall be put to Death. — Exod. 22 : 
20. Deut. 13: <;, 10. 



52 EI.UE L.\Vv T S OF 

*2. If any person within this jurisdiction, professing the 
true God, shall wittingly or willingly presume to Blas- 
pheme the Holy name of God, Father, Son, or Holy God, 
with direct, express, presumptuos, or high-handed Blasphe- 
my, either by wilful or obstinate denying of the true God, 
or his Creation or Government of the World ; or shall curse 
God, Father, Son, or Holy Ghost, such person shall be put 
to Death.— Levit. 24 : 15, 18. 

3. Treason against the Person of our Soveraign Lord 
the King, the State and Common-Wealth of England, shall 
be punished by Death. 

4. That whosoever shall conspire and attempt any Inva- 
sion, Insurrection, or Publick Rebellion against this juris- 
diction, or the surprizal of any Town, Plantation, Fortifica- 
tion, or Amunition, therein provided for the safety thereof, 
or shall Treacherously and perfidiously attempt and endeav- 
our the alteration and subverson of the Fundamental frame 
and constitution of this Government, every such person shall 
be put to Death. 

5. If any person shall commit wilful] murther by kill- 
ing any Man, Woman, or Child, upon premeditated malice, 
hatred, or cruelty, not in a way of necessary and just de- 
fence, nor by casualty against his will ; he shall be put to 
Death. 

6 If any person slayeth another suddenly in anger and 
cruelty of passion ; he shall be put to Death. 

7. If any person shall slay another through guile, either 
by Poysoning or other such Devlish practices; he shall be 
put to Death. 

8. If any christian (so called,) be a Witch, that is, hath, 
or consulteth with a familiar spirit; beer they shall be put 
to Death. 

9. If any person lyeth with a Beast or Bruit creature, by 
carnal copulation, they shall surely be put to Death, and the 
Boast shall be slain and buried and not eaten. 

10. If any man lyeth with mankinde, as he lyeth with a 



MASSACHUSETTS. 53 

Woman, both of them have committed abomination ; they 
both shall surely be put to Death, unles the one party were 
forced, or be under fourteen years of age : and all other 
sodomitical filthiness, shall be surely punished according to 
the nature of it. 

11. If any person rise up by false witness, wittingly and 
of purpose to take away any man's life; he shall be put to 
Death. 

1*2. If any man stealeth man-kinde, he shall be put to 
Death, or otherwise grievously punished. 

13. If any child or children above sixteen years old, and 
of competent understanding, shall curse or smite their nat- 
ural Father or Mother : he or they shall be put to Death, un- 
less it can be sufficiently testified;, that the Parents have been 
very unchristianly negligent in the Education of such chil- 
dren, or so provoked them by extreme and cruel correction, 
that they have been forced thereunto, to preserve themselves 
from Death or Maiming. 

14. If a man have a stubborn or rebellious son, of suf- 
ficient years and understanding, (viz.) sixteen years of age, 
which shall not obey the voice of his Father, or the voice of 
his Mother, and that when they have chastened him, will 
not hearken unto them ; then shall his Father and Mother, 
being his natural parents, lay hold on him, and bring him 
before the magistrates assembled in court, and testifie unto 
them, that their son is stubborn and rebellious, and will not 
obey their voice and chastisement, but lives in sundry no- 
torious crimes ; such a son shall be put to Death, or other- 
wise severely punished. 

15. If a man shall ravish a Maid or Woman, committing 
carnal copulation with her by force; that is above the age 
often years, or if shee were under ton years of age, though 
her will was gained by him, ho shall be punished with Death 
or some other grievous punishment, according as the fact 
may be circumstanced. 

10. Whosoever shall wilfully or on purpose, burn any 



54 E7X11 LAWS OF 

House, Ship, Barque, Or other Vessel of considerable value; 
such person shall be put to death, or otherwise grievously 
punished, as the case and circumstances of it may require. 

CRIMINALS. 

It is Enacted by this court &c, that whosoever shall com- 
mit Adultery with a married Woman, or one betrothed to an- 
other man, both of them shall be severely punished, by 
whipping two several times, viz. once, when the court is in 
being, at which they were convict of fact, and the second 
time, as the court shall order: and likewise to wear two 
capital letters A. D., cut out in cloth and sewed on their 
uppermost Garments, on the Arm or Back ; and if at any 
time they shall be found without the said Letters so worne, 
whilst in this government, to be forthwith taken an publick- 
ly whipt, and so from time to time, as often as they are 
found not to wear them. 

Be it also enacted, that whosoever committeth Fornica- 
tion before, or without lawful contract, shall be punished by 
whipping, or else pay ten pounds fine each of them, and 
lie imprisoned during the pleasure of the court, not exceed- 
ing three days; but if they be, or will be married to each 
other, then but ten pounds both, and imprisoned as afore- 
said, by lawful contract, the court understanding the mutu- 
al consent of Parents, Guardians or overseers, and a solemn 
promise of marriage made to each other by the parties, be- 
fore competent witnesses. 

And if any commit carnal copulation after contract, be- 
fore marriage, they shall be amerced each of them fifty shil- 
lings; and be imprisoned if the court see reason : and if 
any cannot or will not pay, then to be punished by whip- 
ping. And for the more discountenancing this prevailing 
evil ; the court hath further determined, that such as trans- 
gress in any of these ways, shall be convict in public court, 
and thoir fines to be paid in money. 

Tt is ordered by this court and authority thereof, that if 



MASSACHUSETTS. 55 

any person shall commit burglary, by breaking up any dwell- 
ing house or ware-house, or shall forcibly rob any person in 
the Field or Highways : such offenders shall for the first of- 
ence, be Branded on the right Hand with the letter B. and if 
he shall offend in the same kind the second time, he shall be 
Branded on the other Hand and be severely whipped ; and 
if either were committed on the Lord's day, his Brand to be 
set on his Forehead ; and if he shall fall into the like of- 
fence the third time, he shall be put to Death, as being In- 
corrigeable, or otherwise grievously punished, as the court 
shall determine. 

This court taking notice of great abuse, and many misde- 
meanours committed by divers persons in these many wayes, 
profaneing the Sabbath or Lord's day, to the great dishonour 
of God, reproach of Religion, and grief of the spirits of 
God's people, Do, therefore order, that whosoever shall pro- 
fane the Lord's day, by doing unnecessary servile work, 
by unnecessary travailing or, by sports and recreations, he 
or they that so transgress, shall forfeit for every such de- 
fault forty shillings, or be publicly whipt; but if it clearly 
appear that sin was proudly, presumptuously and with a 
hiffh hand committed, against the known command and 
authority of the blessed God, such a person therein despis- 
ing and reproaching the Lord, shall be put to Death, or 
grievously punished at the judgment of the court. 

And whosoever shall frequently neglect the public wor- 
ship of God on the Lord's day, that is approved by this gov- 
ernment, shall forfeit for every such default convicted of, 
It 11 .hillings, especially where it appears to arrise from neg- 
ligence, idleness or prophaness of spirit. 

It is ordered, that whosoever shall defame any court of 
justice, or any of the magistrates of judges of any court in 
this jurisdiction, in respect of any actor sentence therein 
passed ; e?< ry Buch offender, upon due proof made, shall be 
by the court of magistrates, punished by fine, imprisonment, 
binding to the peace or good behaviour, acording to the 



50 BLUE LAWS OF 

guilty and measure of the offence or disturbance, to them 
seeming just and equal. 

It is enacted by this court &c, that no person in this gov- 
ernment, shall wear any Vizards,* or disguise any strange 
apparel, to lacivious and evil ends and purposes, on penalty 
of being fined fifty shillings to the colonies use, for every 
such default, or being publicly whipped or bound to the 
good behaviour, as the court may see reason. 

Whereas, notwithstanding all the care and endeavours of 
this court, to prevent that great and raging sin of Drunken- 
ness; yet still many goe on in it ; 

Therefore this court doth further enact, that the names of 
such as are found to be common drunkards in this govern- 
ment, shall be inrouled or recorded ; and that whatever 
person or persons, whether ordinary keepers or others, shall 
give, sell, or lend, either directly or indirectly any strong 
Liquors, or .wine, or^strong Beer, unto any such person or 
persons, shall forfeit ten shillings, five shillings to the col- 
onie's use, and five shillings to the informer. And the 
names of such as are so found in any town, shall be set up 
in some public place. 

And forasmuch as some have been injured by careless 
taking of tobacco abroad in the streets and near unto Barns, 
Stables, hay Stacks or corn-ricks; it is hereby ordered, &c. 
that whosoever shall be found smoaking of Tobacco in the 
streets, or in such places of danger, shall forfeit to the 
poor of the town, two shillings for every such default, which 
the constable may without further warrant, distrain and dis- 
pose of; and if it can be known that damage did accrue 
unto any by such careless smoaking of tobacco, it shall be 
repaired by him that was the occasion of it, or he shall be 
made to serve it out. Souldiers wildest in Arms, are dis- 
pensed with to smoak in the field. 

* Visors. 



MASSACHUSETTS. 57 



CIVIL LAWS. 



It is ordered, that whosoever of the Freemen, do not ap- 
pear at Election in person or by proxy, he shall be for such 
neglect, amerced to the treasury ten shillings. 

If any Freeman of this corporation shall be discovered to 
be notoriously vitious or scandalous, as common lyars, 
Drunkards, Swearers, Apostates from the fundamentals of 
Religion or the like, or doth manifestly appear to be disaffect- 
ed to this government, upon legal conviction of all or any 
of these, it shall be in the power of the general court to dis- 
franchize him if they see cause, from the priviledge of a 
Freeman. 

It is ordered, that every constable shall have Black St affe 
tipped with Erasse, as a badge of his office, which, as he 
hath opportunity, he shall take with him when he goeth to 
discharge any part of his office, yet notwithstanding, the 
want of his staffe shall not hinder him from executing his 
office in any kinde, if occasionally .he be without it, nor 
exempt any from assisting him therein, that may know him 
to be the constable. 

It is ordered, &c. that every town in this government, 
shall have and keep baited and well tended, two Woolf traps 
in fit seasons, on penalty of five pounds. 

It is further enacted by this court, &c. that if any man 
be sent forth as a souldier, and be so maimed in the service, 
that he is disabled from following his occasions, he shall be 
maintained by the colony whilst he lives, according to his 
quality, and the capacity in which he served; and when 
dead, shall have the burial of a souldier. 

It is ordered, that whosoever is Licenced to keep a public 
house of entertainment, shall be well provided of Bedding 
to entertain strangers a lers, and Bhall also have con- 

venient pasturing for Horses, and hay and provinder for their 
entertainment in the Winter, and shall not be without cood 



58 BLUE LAWS OF 

beer; and if any ordinary keeper do frequently fail in any 
or all of these, upon complaint, he shall lose his License. 

It is further enacted, that no in-keeper or ordinary in 
this government, shall sell Beer for more than two pence 
the ale quart, upon penalty of three shillings and four pence 
for every such offence; nor shall any Vintner or Tavern, 
gain more than eight pence upon the quart in any Wine or 
strong Waters that they retail, more than it cost them by the 
butte or caske as they bought it, on penalty of twenty shil- 
lings forfeiture for such offence duly proved. 

And it is further enacted, that no single person, labourer 
or other, shall be dieted in any Inne or Ordinary in the town 
to which he belongeth. 

And it shall and may be lawful for any man to seize any 
Liquor, cyder or Wine, found in the custody of an Indian or 
Indians, and have it for his pains, provided he bring the 
said Indian or Indians before a magistrate, or the selectmen 
of the town, to be further examined about it. 

Whereas divers unruly persons, servants and others in 
several places of this colony, meet together to walk about 
in the night, to drink, revel or pilfer; the same tending to 
the corrupting and debauching of the youth; and many 
offend and prejudice the peaceable inhabitants of the sev- 
eral towns ; for prevention whereof, 

It is ordered by this court and the authority thereof, that 
all persons walking in the fields or streets after nine or ten 
o'clock at night, unless known peaceable and orderly in- 
habitants, shall be liable to be examined by the selectmen, 
constable or watch of the town : or if complained on by 
any other person of the town, and if they cannot give a 
satisfactory reason for their so doing, he or they shall be 
had before some magistrate or other person authorized, who 
upon the hearing of the case, it appear they have been 
rude or unreasonably drinking, revelling, gaming, sporting 
br any ways disturbing, or if it be servants or children, and 
it be without their Parents or Masters leave, they shall for 



MASSACHUSETTS. 59 

the first offence be admonished, or pay five shillings to the 
country, or sit in the stocks an hour ; and if transgress a 
second time, to pay ten shillings, or be whipt with ten 
lashes, and so from time to time, as often as they transgress." 

EXTRACTS FROM THE APPENDIX TO THE LAWS OF THE 
COLONY OF NEW PLYMOUTH. 

" Conditions upon which the English at Ley den who intend- 
ed to remove to America, engaged with some merchants in 
England, who were to be joint adventurers with them. 

I. The adventurers and planters doe agree, that every 
person that goeth, being sixteen yeers old and upwards, bee 
rated at tenn pounds, and that tenn pounds be accounted a 
single share. 

II. That he that goeth in person and furnisheth himself 
out with tenn pounds, either in money or other provisions, 
be accounted as having tenn pounds in stocke, and in the 
division, shall receive a double share. 

III. The persons transported, and the adventurers, shall 
continue their joint stocke and partnershipe, the space of 
seavenyeres, except some unexpected impediments do cause 
the whole company to agree otherwise; during which time 
all profits and benefitts, that are gotten by trade, trafiicke, 
trucking, working, fishing, or any other means, of any other 
person or persons, remaine still in the common stocke, until 
the division. 

IV. That at their coming, they shall chuse out such a 
number of fit persons as may furnish their shipes and boats 
for fishing upon the sea: imploying the rest in their several 
facultyes upon the land, as building houses, tilling and 
planting the ground, and making such commodities as shall 
be most useful for the colony. 

V. That at the end of the seaven yeeres, the capital and 
profits, viz. the houses, lands, goods and chattels, be equally 



60 BLUE LAWS OF 

divided amongst the adventurers : if any debt or detriment 
concerning this adventure, * 

VI. Whosoever cometh to the colony hereafter, or put- 
teth any thing into the common stocke, shall, at the end of 
the seaven yeeres bee allowed proportionably to the time of 
his soe doing. 

VII. He that shall carrie his wife or children, or ser- 
vants, shall be allowed for every person, now aged sixteen 
yeeres and upward, a single share in the division ; or, if he 
provide them necessaries, a double share; or if they be be- 
tween tenn years old and sixteen, then two of them to bee 
reconed for a person, both in transportation and division. 

VIII. That such children that now goe, and are under 
age often yeeres, have noe other share in the division, than 
fivety acres of unmanured land. 

IX. That such persons as dy before the seaven yeeres be 
expired, their executors to have theire parts or share at th e 
division, proportionably to the time of their life, in the 

colony. 

X. That all such persons as are of the colony, are to 
have meat, drinke and apparel, out of the common stocks 
and goods of the said colony." 

" SUBMISSION OF INDIAN SACHEMS. 

September 13, Anno Dom. 1621. 
Know all men by these presents, that we, whose names 
are underwritten, do acknowledge ourselves to be the royal 
subjects of King James, King of Great Britain, France and 
Ireland, defender of the faith, &c. In witness whereof, and 
as a testimonial of the same, we have subscribed our names 
or markes as folio weth. 

Ohquamehud, Nattawahunt, Quadaquina, 

Cawnacome, Caunbatant, Huttmoiden, 

Obbatinnua, Chikkatabak, Appannow. 

* " Here something seems to be wanting, which cannot now bdsuppli- 
ed."— Belk. Amir. Biog. II. 128. 



massachusetts. 61 

"establishment of a millitary company. 

August 29, 1G43. 
The court hath allowed and established a military disci- 
pline to be erected and mayntained by the towns of Plym- 
outh, Duxborrow, and Marshfield, and have also heard their 
orders and established them, viz : 

ORDERS. 

1. That the exercise be always begun and ended with 
prayer. 

2. That there be one procured to preach them a sermon 
once a yeare, viz. at the Eleceon of their officers, and the 
first to begin in Sept'r. next. 

3. That none shalbe received into this millitary company 
but such as are of honest and good report and freemen, not 
servants, and shall be well approved by the officers and the 
whole company or the msjor part. 

4. That every person, after they have recorded their 
names in the millitary list, shall from tyme to tymc be sub- 
ject to the comaunds and orders of the officers of this ISX i 1 1 1— 
tary Company in their places respectively. 

5. That every delinquent shalbe punished at the discre- 
tion of the officers, and the Millitary Company or the major 
part thereof, according to the order of Millitary discipline 
and nature of the offence. 

6. That all talking and not keeping sylence during the 
time of the exercise, jereing, quarrelling, fighting, dept'ing. 
collers w'thout lycence or dismission &c. or any other mis- 
demeanor, (so adjudged to be by the officers and the com- 
pany or the maj'r. p't. thereof) to be accounted misdemean- 
ors to be punished as aforesaid. 

7. That every man that shall be absent (except he be 
sick or some extraordinary occation or hand of God upon 
him) shall pay for every such default lis. And if he refuse 
to pay it upon demaund or within one month after, then to 

6 



62 BLUE LAWS OP 

appear before the company, and to be distrayned for it and 
put out of the list. 

8. That if any man shall (upon the dayes appoynted) 
come w'thout hisjirmes or with defective amies, shall for- 
fait for every trayneing day as folloueth : 

For want of amusket or peece approved every time Yld. 
For want of a Sword, VId. 

For want of a Vest, Yld. 

For want of Bandeliers, Yld 

Six months tyme^iven to provide in. 

9. That every man that hath entered himself upon the 
military list, and hath not sufficient armes and doth not or 
will not pr'cure them within six months next ensuing, his 
name to be put out of the list. 

10. That there be but sixteene pikes in the whole company 
(or at the most for the third p't.) viz. VIII for Plymouth, 
VI for Duxborrow and II for Marshfield. 

11. That all that are or shalbe elected chiefe officers in 
this Military Company, shall be so titled and forever after- 
wards be so refuted, except he obtayne a higher place. 

1*2. That every man entered into the millitary list, shall 
pay Yld the quarter to the use of the company. 

13. That when any of this Millitary Company shall dye or 
depart this life, the company upon warneing, shall come to- 
gether with their armes and inter his corpes as a souldier 
and according to his place and quallytye. 

14. That all that shalbe admitted into this Military Com- 
pany, shall first take the oath of fydellyty if they have not 
taken it already or els be not admitted. 

15. That all postures of pike and musket, motions, rankes 
and files &c. messengers, skirmishes, seiges, batteries, 
watches, sentinells &,c. bee alwayes p'rformed according to 
true military discipline. 

16. That all that will enter themselves upon this compa- 
ny shalbe propounded one day, received the next day if they 
be approved. 



MASSACHUSETTS. 63 

The Rev'd. Roger Williams the subject of the follow- 
ing record was an Englishman of high standing, not only in 
his native country, but in the wilds of America. In 1G31 
disliking the formalities of the Church of England, he sece- 
ded from it and joined himself to the dissenters and fled to 
this country, to avoid the persecutions that then raged vio- 
lently in England, civil and religious liberty were then 
strangers in New England, and Mr. Williams advocated 
them with an intrepidity that awakened the attention of 
the more rigid of the opposition and of many of his friends, 
on his arrival in this country, he first located himself at 
Boston, but at the time of his trial resided at Salem, where 
he had the charge of a large church and congregation, who 
esteemed him for his strong powers of mind, highly culti- 
vated ; his purity of character as a christian teacher, for 
his liberal and enlarged views on the subject of civil and 
religious liberty, with his accustomed pious frankness, he 
did not hesitate to advance his sentiments unreservedly, and 
denied the right of the civil magistrates to govern or legis- 
late on ecclesiastical affairs.* Which soon caused him to 
be arraigned upon the charges hereto annexed, and for 
which he was in October 1635, tried and sentenced to 
banishment from the colony. But the Court who had so 
unjustly banished him, s J ill possessing too much of the 
milk of human kindness to drive Mr. Williams at that sea- 
son of the year with his family, into the wilderness at 
the mercy of the savages, gave him liberty to remain in the 
colony until the next spring, upon condition that he should 
not disseminate his doctrines and opinions to their citi- 
izens — which favor he gladly accepted, and remained there 
until the January following, when he was informed, that 
his accusers were about to send him back to his persecutes 
in England, he therefore forthwith made his escape from 
Salem, in the midst of winter, and lied to the Indians in 
Rhode Island, where he was kindly and favorably received, 

♦Winthrop. 



Gi ELITE LAWS OP 

by the chief Sachem at Mount Hope, who made him a grant 
of a valuable tract of land at Secunk, but even on this fa- 
vored lot of his refuge, he was not long suffered to remain 
but was ordered by the colonist to cross the river, they 
claiming the lands upon which he was then located as be- 
longing to the colony of Massachusetts. He accordingly 
in the spring (with his servant) crossed the river where he 
once more planted himself, and laid the foundation of the 
now city of Providence, where lie resided many years, an 
instrument in the hands of the Lord, to protect the lives, lib- 
erty, and property of his persecutors in the colony from 
which he was banished; from the scalping knife and toma- 
hawk of the ruthless savage, over whom he had gained an 
influence and control by his kindness to them, he alone was 
enabled to conciliate the angry passions and revengeful dis- 
positions of the Indians about him, and save the bloodshed 
of the Massachusetts colonists. Mr. Williams soon after 
he formed his colony at Providence, became Law-giver and 
Minister to his infant colony, and formed his constitution 
upon the broadest principles of civil and religious liberty, 
and equal rights, and was the first Governor in North Amer- 
ica, " who held liberty of conscience to be the birthright of 
man." Roger Williams was the first founder of a Bap- 
tist Church in America, which took place in the year 1639 
less than two centuries since, and that little band of Chris- 
tians with that pious Father at their head now number in 
the United States 452,009 members, all of which important 
facts and events with many others equally interesting origi- 
nated from the following Record. 

Record of trial an , vs. Rev. Roger Willu 



* At a general court, July : . 15, Mr. "Williams of 
Salem, was summoned, and did appear. It was laid to his 
charge, that being under question before the magistracy 



j 



MASSACHUSETTS. 05 

and churches for divers dangerous opinion?, viz., 1. That 
the magistrate ought not to punish the breach of the* first 
table, otherwise than in such case as did disturb the civil 
peace. 2. That he ought not to tender an oath to an un- 
regenerate man. 3. That a man ought not to pray zoith 
such, though wife, children, &c. 4. That a man ought not 
to give thanks after sacrament, nor after meals ; and that the 
other churches were about to write to the church of Salem 
to admonish him of these errors, understanding the church 
had called him to the office of a teacher. The said opin- 
ions were adjudged by all the Magistracy and Ministers, 
(who were desired to be present,) to be erroneous, and 
very dangerous, and the calling of him to office at that 
time, was adjudged a great contempt of authority. So in 
fine, there was given to him and the church of Salem to 
consider of these things till the next General Court, and 
then either to give satisfaction to the court, or else to ex- 
pect the sentence; it being professedly declared by the min- 
isters, (at the request of the Court, to give their advice,) 
that they who should obstinately maintain such opinions, 
(whereby the church might come into heresy, apostacy, or 
tyrany, and yet the civil magistrate could not intermeddle,) 
were to be removed, and that the other churches ought to 
request the magistrate so to do. 

In this whole affair we cannot fail to discover the super- 
intendence of a wise and holy providence causing the wrath 
of man to praise him, and restraining that portion of which 
that would not work his glory. 

The parallel in some important points is striking be- 
tween the persecutions inflicted on Joseph by his brethren, 
and the persecutions of Williams by his brethren in Massa- 
chusetts. Joseph was wickedly banished to a land of stran- 
gers by his brethren, because they envied him on account 

* First Commandment—" Thou shall love the Lord thy God with all 
thy heart." 

6* 



GO BLUE LAWS OF 

of the superior light communicated (o him from on high. 
So Williams was envied by his brethren for the same rea- 
son, for he was in advance of the age in which he lived, and 
the envy of his brethren carried out, resulted in his ban- 
ishment to a dreary wilderness in the midst of winter, sub- 
ject to the caprice of merciless savages. 

Of Joseph it is said — k< God was with him" in his exile, 
and gave him favor with the rulers and people. So waa 
it with Williams in his banishment in a most remarkable 
degree, insomuch, that penetrated with a conciousness of 
this truth, that he named the place of his refuge, " Provi* 
dence" which name continues to mark the spot to this day. 
In the case of Joseph, the sacred historian informs us, that 
although his brethren " meant it for evil," yet " God meant 
it for good, to save much people alive,'"' and to carry for- 
ward his purposes of mercy, by making Joseph the saviour 
of much people. So in the case of Williams, God was 
pleased to allow the unholy wrath of his brethren to burn 
against this eminent philanthropist, statesman, and servant 
of his, on the account of his superior light, and more en- 
larged views of civil and religious liberty, until it resulted 
in the entire severance of Williams from them and their 
order. 

This opened the way for his laying the foundation of an 
independent state government, based on the broad principles 
of civil and religious liberty. Such as the world till then 
had never seen or known. 

Joseph became honored in his exile, as the saviour of his 
people, while the pride of his elder brethren was humbled. 
So Williams from the elevated stand which he occupied in 
the confidence, and affections of the red men around him, 
was enabled at the fearful onset, when the restless spirit of 
some of the Massachusetts colony, had incited the Indians 
to wage a war of extermination against that colony, to in- 
terpose his friendly offices and save them from impending 
ruin. At the salutation of his persecutors, now terror 



MASSACHUSETTS. 67 

stricken by the invasion of the merciless foe, Williams 
meekly takes his life in his hand, alone and unarmed, except 
with his staff, prompted by a spirit of genuine benevolence, 
penetrated even to the centre of the savage encampment, 
as the Indians were just ready to fall upon their prey, and 
succeeded in negotiating a peace for his envious and perse- 
cuting brethren, and thus he saved them alive in the hour 
of peril. 

The same is true in this case, as in another. " This poor 
wise man, by his wisdom, saved the city, yet no one remem- 
bered this poor wise man." 

The charges were not finally tried and closed, until Oc- 
tober following the above date, when the trial closed, and the 
following is the record. 

3IassacJiusctts Records, 1635. 

"Whereas Mr. Roger Williams, one of the elders of the 
church of Salem, hath broached and divulged divers new 
and dangerous opinions, against the authority of magistrates, 
as also written letters of defamation both of magistrates 
and churches here, and that before any conviction, and yet 
maintaineth the same without retraction : It is therefore or- 
dered, that the said Mr. Williams shall depart out of this 
jurisdiction within six weeks now next ensuing, which, if 
he neglects to perform, it shall be lawful for the Govr. and 
two of the magistrates, to send him to some place out of 
this jurisdiction, not to return any more, without licence 
from the court." 

Massachusetts Record, 1G44. 

" Richard Waterman, being found erroneous, heretical 
and obstinate, it was ordered, that he should be detained 
prisoner till the quarter Court in the seventh month, unless 
five of the magistrates find cause to send him away, which 



68 BLUE LAWS OF MASSACHUSETTS. 

if they do, it is ordered, he shall not return within this ju- 
risdiction upon pain of (hath."* 

* There are many cases of banishment for heresy upon those ancient 
records, which often reminds me of the golden remark of a learned theo- 
logian. 

" To banish, imprison, starve, hang and burn men for their religion, is 
not the gospel of Christ but the gospel of the Devil. Where persecution 
begins, Christianity ends; and if the name of it remains, the spirit i§ 
gone. Christ never used any thing like force or violence except once^ 
a. id that was to drive bad men out of the temple and not to drive them 
in." — Jo r tin. 



BLUE LAWS OF CONNECTICUT. 



A true copy of the ancient record of the colony of Con- 
necticut, commencing at Newtown, (now Hartford,) April 
26, A. D. 1836, as literally transcribed by the compiler, 
which is three years before even a Governor was chosen 
over the colony of Connecticut, and at the date above, was 
composed of what is now called Hartford, Wethersfield 
and Windsor. Embracing the decisions of Courts, Acts of 
the General Court or Legislature, for nearly three years. 

At a court holden at Newtown, 26th April, 1638 — Roger 
Ludlow Esqr., Mr. Wesiwood, Mr. Steele, Mr. Ward, Mr. 
Phelps.* 

It is ordered, that from henceforth, none that are within 
the jurisdiction of this court, shall trade with the natives or 
Indians, any piece, or pistol, or gun, or powder, or shot, 
under such heavy penalty as uppon such misdemeanour, the 
court shall think meet. 

Constables sworn for Dorchester, (now Windsor,) New- 
town, (now Hartford,) and Watertown, (now Wethersfield,) 
for this next year and until] new be chosen, are Henry Wol- 
cott for Dorchester, Samuel Wakeman for Newtown, and 
Daniel Jinch for Watcrtowne. 



* Court of Magistrates then formed the General Court. 



70 BLUE LAWS OF 

Whereas, there was a dismission granted by the town of 
Watertowne, in the Massachusetts, dated the 29th day of 
March last, to Andrew Warde, Jo. Sherman, Jo. Strickland, 
Robert Coe, Robert Reynold, and Jonas Weed, with in- 
tent to joine anewe in a church covenante in this river of 
Connecticutt, the said parties have soe accordingly done 
with the publicke allowance of the rest of the members of 
the said churches as by certificate now produced, appears. 
It is now therefore, in this present court ratified and con- 
firmed, they promising shortly, publicklee to renewe the said 
covenant uppon notice to the rest of the churches. 

At a Court held at Dorchester, June 7th, ]G36, Mr. Lud- 
low, Mr. Westwood, Mr. Phelps, Mr. Ward, (Judges.) 

It is ordered that there shall be a sufficient watch main- 
tayned in every towne, and that every Constable of each 
towne, shall duely warne the same, and see that the Inhabi- 
tants or residents doe severally in their turn, observe the 
same, according as the Inhabitants do agree, which said 
watch shall begin and end with the courte or Magistrates 
shall think meete. 

It is ordered, that Samuel Wakeman and George Hub- 
bard shall survey the breadth of the plantation of Dorches- 
ter, how far it shall extend above Mr. Stiles's, and shall no- 
tine unto the next Courte, their proceedings therein, to the 
end that they may be then confirmed, and that they shall 
have from the said towne satisfaction for their paynes. And 
the said Samuel Wakeman shall doe the same for Water- 
towne in their breadth towards the mouth of the river, and 
have the like satisfaction, and this to be done without fayle 
before the next court, uppon penalty of 40 shillings of each 
head that shall fayle therein. 

It is ordered, that every souldier in each plantation shall 
have in his house in readiness, before the end of August 
next, two pounds of powder, and that they shall shew yt 
uppon the pcnaltce of x. s, for every fay ling in this, pre«, 



CONNECTICUT. 71 

sendee to be levied by the said Constable without resist- 
ance, as also, twenty bulletts of leade in the like readiness, 
uppon the same penalty, and in the same manner to be 
levied. 

At a Court held att Watertowne, lo. 7br. 1636. 
Roger Ludlow Esq. Mr. John Steele, 

Mr. Win. Swaine, Mr. Win. Phelps, 

Mr. Andrew Warde, Mr. Wm. Westwood. 

It is ordered that the order concerning powder and bulletts 
of the Tth of June last, be now presentlee published in the 
several Plantations, and that there be a respite given, untill 
the end of this instant month, and then to be put in execu- 
tion without fayle. 

It is ordered, that every Plantation shall trayne once in 
every month, and if upon complaint of their military officer, 
It appears that there be diverse very unskilful], the said 
plantation may appoint the said officer to trayne oftener, the 
said unskilfull. And that said officer take view of their 
arms, whether they be serviceable or noe, and in default of 
every soldiers absence, the absent to pay 5s. for every 
tyme, without lawful excuse within two days after, tendered 
to the company, or one of them, in the said plantation ; 
and for any default in arms, after warning, to them by the 
said Officer to amend the same, and a tyme sett, and if not 
then amended by the tyme appointed, to pay Is. every 
tyme, and where arms are wholly wanting, to be bound over 
to answer it at the next courte. 

It is ordered by consent of Seely Plant, against the 

Inhabitants of theTowne of W atcrtowne Deft's that a Ju- 
rer shall be withdrawn, and that the Deft's do undertake 
to produce an order wherein they will make it appear if the 
Inhabitants of the said Town did not remove with their fam- 
ilies to Connecticutt by the end of this instant month or 
els there was noe propriety due to to them in the divident 
of the lands of the said towne, and that the hand or the con- 



72 



BLUE LAWS OF 



sent of the said William Bassum is thereunto, and if the 
said Order be not produced here to the Courte by the second 
Courte after this, the Inhabitants are to pay the Plantiff 
damages. 

Seely Plaintiff,— Inhabitants of Watertown, Deft's.— The 
Jury find for the Pl'ff— That he is to have as an adventurer 
and as a man, that was in the condition that Bassum, un- 
der whome he claymes was in. 

Guilford, June 16th, 1665. 
This is to certify, all whome it may concern, that upon 
his certain knowledge (by the advice of the Court) Weath- 
ersfieldmen gave so much unto Lowheag as was to his sat- 
isfaction for all their plantations lying on both sides of the 
great river with the Islands, to wit, six miles in breadth on 
both sides of the river and six deep from the river westward, 
and three miles deep from the river Eastward, Thustestify- 
eth George Hubbard. Taken upon oath before me, 

WILLIAM LEETLE. 

A corte held at Newtown, 1st November, 1636, (same 
persons holding s'd Courte. 

It is ordered that Jo. is to return to his master Mr. Stiles, 
who hath his indenture and the s'd. Mr. Stiles is to pay 
Wm. 105 for his passage, if not, the court will take order 
in the same as they shall see meet. 

A Court at Newtown, 27th Dec. 1636. 

(Same Judges) — It is Ordered that Daniel Finch shall 
have for six employments about Mr. Oldhams Estate and a 
carte 13s. 6d. 

It is ordered that all the creditors of Mr. Oldham in the 
river of Connec'tt. bring in their debts before the next Court 
or else he shall not be deemed as a Creditor in the Estate 
that is now extent. 

21st February, 1636.— (Same Court.) 
Whereas is was Ordered that Samuel Wakeman, George 



CONNECTICUT. 73 

Hubbard, and Stoughton were to consider of the bounds of 
Dorchester, towards the Ffals, and "Water town towards the 
mouth of the river; the said Samuell Wakeraan, George 
Hubbard think the Plantation of Dorchester, shall extend 
towards the ffals on the same side the plantation stands to a 
brook called little brook and so over the great river uppon 
the same line, that Newtown and Dorchester doth betwene 
them, and so it is ordered by the Court. 

It is ordered that the Plantation now called Newtown shall 
be called and named by the name of Hartford towne and 
likewise the plantation now called Watertowne, shall be 
called and named Weathersfield. 

Samuel "Wake in an and Anceint Stoughton do think meet 
that the bounds of Weathersfield shall be extended towards 
the River's mouth on the same side it standeth to Ira, six 
miles downward from the bounds between them and Hart- 
ford marked with N. ff. — and to run in an East and West 
line over the great river, the said Weathersfield to begin at 
the mouth of Pewterpot brook and then to run due East in- 
to the country three miles and downward six miles, in breadth 
north, is ordered accordingly. 

It is ordered the plantation called Dorchester, shall be 
called Windsor. 

The Bounds between Weathersfield and Hartford, are 
agreed all the side where they stand to be at a tree mark- 
ed N. H. and towards the pale of the said Hartford is fixed 
to goe into the county due East, and out the other side the 
great River from pewterpot brook at the lower side Hocca- 
num east into the country, which is now ordered accordingly. 

The Bounds between Hartford and Windsor, is agreed to 
be at the upper end of the great meadow of the said Hart- 
ford towards Windsor, at the pole that is now sett there upp 
by the said Hartford which abutting uppon the great river up- 
pon a due East line as parralell to the said East Line as far as 
they have now poled, and afterwards the bounds to goe into 
the country uppon the same west line, But it is to be so much 
7 



74 BLUE LAWS OP 

shorter towards Windsor as the place where the skirte that 
conies, is along the head of the said meadow and falls into 
the said great river is shorter than their pole, and over the 
said great River the said Plantation of Windsor is to come 
to the river's mouth that falls into the said great River of 
Connecticut, and there the said Hartford is to run due east 
into the country, which is Ordered accordingly. 

It is ordered that noe young man that is not married nor 
hath any servant, and be noe public Officer, shall keep house 
by himself without consent of the towne where he lives first 
had, under paine of 20s. per week. 

It is ordered that noe master of a family shall give habi- 
tation or entertainment to any young man to sojourn in his 
family but by the allowance of the inhabitants of the said 
towne where he dwells, under like penalty of 20s. p ? r week, 
these two last orders to take effect the first of April next. 

At a court at Hartford, March 2, 1637. (Same Judges.) 
It is ordered that Mr. Francis Stiles shall teach George 
Chappel, Thomas Coop, and Thomas Barber, his servants, 
in the trade of a carpenter, according to his promise for their 
service of their term behind 4 days in a week onely to shave 
and slit their own work, they are to frame themselves with 
their own hands together with himself or some other master 
workman the time to begin for the performance of this or- 
der fourteen days hence without fayl. 

It is ordered that every Juryman shall have six pence for 
every action that is given to them uppon evidence, to be 
paid by him the action goes against. 

The 1st day of May, 1637, General Court at Hartford. 

Mr. Ludlow. Mr. Welles, Mr. Swaine, \ 
Mr. Phelps, Mr. Warde, Mr. Steele. J 

Mr. Whiting, Mr. Webster, Mr. Williams, ) 

Mr. Hull. Mr. Chaplin, Mr. Talcott, > Committee. 

Mr. Hosford, Mr. Mytehell, Mr. Sherman,) 

It i- ordered that there shall be an offensive war against 



CONNECTICUT. 75 

Pequotts, and that there shall be ninety men levied out of 
the three plantations, Hartford, Weathersfield and Windsor 
viz. out of Hartford forty two men, Windsor thirty, Weath- 
ersfield eighteen under the command of captain Jo'n. Ma- 
son, and in case of death or sickness under the command 
of Robert Seely, Lieut, and the eldest Sergeant or millitary 
officer surviving, if both these miscarry. 

It is ordered that Hartford shall find 14 armour in this 
design, Windsor six. 

It is ordered that there shall be one good hogshead of 
beer for the captain and minister, and sick men, and if there 
be only three or four gallons of strong water, two gallons of 
sacke. 

It is ordered that Windsor shall provide sixty bushels of 
corne, Hartford eighty four bushels, Weathersfield thirty 
six bushels of this, each plantation to bake in biskett the one 
half, if by any means they can, the rest in ground meale, 
AVeathersfield seven bushels to be allowed upon accompt. 

Hartford is to provide three firkins of suet, two firkins of 
butter with that at the Rivers mouth, four bushels of oat 
meale, two bushels of pease, five hundred offish, two bush- 
els of salt. Weathersfield one bushel of Indian beans, Wind- 
sor fifty pieces of pork, SOlbs. rice, and four cheeses. 

It is ordered that every souldier shall carry with him lib. 
of powder, Mbs. of shott, 20 bulletts, one barrell of powder 
from the rivers mouth, and a light gun if they can. 

It is ordered that Mr. Pynchions shallop shall be taken, 
to be employed in this design. 

June 2d, 1G37, A gcncrall courte at Hartford. 

It is Ordered that there shall be sent forth 39 men out 
of the several Plantations in this river, of Connecticutt to 
sett down in the Pequot country and River in a place con- 
venient to maintayne our right which God by conquest hath 
given us, and Lieut. Seely shall have the command of them, 



7G 



BLUE LAWS OF 



The men are to raise 14 out of Hartford, ten out of Wind- 
sor, six out of Weathersfield. 

It is ordered that sixty bushells of corn, shall be provided 
for the design ahovesaid, Windsor 20 bushels, Hartford 28 
bushels, Weathersfield twelve, one hogshead of pease, two 
bushels ofoatmeale, loQIbs. of beef, SQlbs. of butter, (viz.) 
Windsor 30, Weathersfield 30 for each. 

26th June, 1637, Hartford General Coitrte. 

It is ordered that ten men more shall be levied out of the 
plantations aforesaid to goe in the design against the Pequots 
as an addition to the former 30, viz. five out of Hartford, 
Windsor three, Weathersfield two. 

It is ordered that Mr. Haynes and Mr. Ludlow, shall goe 
to the mouth of the River to treat and conclude with our 
friends of the Bay, either to come with their force in prose- 
cuting our design against our enemies, or if they see cause 
by advice to enterprise any action according to the force 
we have, send to parley with the Bay about our setling downe 
in the Pequotte country. 

It is ordered that there shall be one hogg provided at 
Weathersfield, for the design in hand, which is conceeved 
to be Nathaniel Fosters, 2QIbs. of butter, half a hundred of 
cheese, Hartford, 20//;s. of butter, half a hundred of cheese, 
Windsor, one ram goat, 2076s. of butter, half an hundred of 
cheese, one gallon of strong water, Hartford, one hundred 
of beef from Mr. Whiting, Windsor three bushels of malt, 
2 bushels from Weathersfield — Mr. Welles two. 

General Court, Tncselay Nov. UtJi, 1637, Hartforel 

Haynes, Welles, Hull, Ward, Swaine, Mitchell, Whiting, 
Goodman, Smith, Ludlow, Phelps, Capt. Mason, Goodman 
Bacon. 

It is ordered that every common soldier that went in the 
late design against the enemy the Pequotts, shall have Is. 3f7. 



CONNECTICUT. 77 

per day for their service, at six days to the week ; the sear- 
geant 2s. p'r. day the Lieutenant 20s. p'r. week, and the Cap- 
tain 40s. p'r. week — Any man that was publicly employed 
in the said service and diet themselves, shall have 2s. per day, 
and that the said payment shall be for a month although 
in strictness there was but three weeks and three days due, 
such as did return from the Forts and never went into the 
service to be allowed but for 12 days. 

It is ordered that the pay in the second design shall be the 
same as the former, and the time a month as abovesaid. 

Hartford, Februar y~1637. 

Haynes, Plumb, Ludlow, Mytchell, Welles, Mason, present. 

Whereas upon serious consideration we conceived that 
the Plantation^im-this River will be in some want of Indian 
corne and in the same consideration we conceive every 
man may be at liberty to trade with the Indians upon the 
River, where the supply of corn in all likelihood is to be had 
to furnish their necessities, the market of corn among the 
Indians may be greatly advanced to the prejudice of these 
plantations, we therefore think meet and do so order that 
no man in this River, nor agawam shall go to the River among 
the Indians or home at their houses to trade for corn, or 
make any contract or bargain among them for corn either 
privately or publicly upon the pain of 5s. for every bushell 
that he or they shall trade or contract for — This order to 
endure untill the next general court and untillthere will be 
a settled order in the thing. 

It is ordered that there shall be a particular Court on the 

first Tuesday of May, at Hartford and then and John 

are to bee handled — Therefore the several [creditors are 
then to come and make their claims. 

It is ordered that there shall be forthwith a levy of five 
hundred and twenty pounds to be levied to defray the charge 
of the late design of war that is allready past. Agawam, 



78 BLUE LAWS or 

c£2G : 16 : 00— Windsor, £158 : 2 : 0— Hartford, <£251 : 2 • 0. 
Weathersfield, £124: 0:0. 

The payment to be made either in money or in wampom 
at four a penny, or in good and merchantable beaver at 95. 
per pound. 

It is ordered that there shall be general notice given in 
all the plantations that there be any guns, swords, belts, 
bandil, kettles, pots, coolers, or any thing else that belongs 
to the commonwealth, that were lost, landed or left in any 
plantations, they are to be delivered into the hands of the 
said constables of the said towns, and the said Constables to 
bring them to the next court at Hartford, and if after the 
said notice there shall be any things found in any mans house 
or custody, it concerning the said commonwealth, they shall 
be subject to the censure of the court for their tenure or 
concealing. 

It is ordered that the Genl. Court now in being, shall 
be dissolved and there is no more attendance of the mem- 
bers thereof to be expected except they be chosen in the 
next general court. 

A general court holden at Hartford, and die March 1637, 
Welles, Mitchel, Ludlow, Plumb, Smith, Pincheon, Phelps, 
Committee. 

Capt. Mason, Mr. Talcot, Rayner, Hubbard, Ludlow, 
Webster, Thos. Marshall, Jos. Kibbee, Treete, Hull, and 
Ward. 

Thurston Rayner being chosen a committee for the town 
of Weathersfield, being now absent is fined 55. to be paid 
forthwith. 

Whereas Mr. Pincheon was questioned about imprison- 
ing an Indian at Agawam, whipping an Indian and freezing 
of him, the court is willing to pass over Mr. Plums failings 
against an Indian. 

It is ordered with the consent of Mr. Pynchcon that the 
said Mr. Pyncheon will deliver at Hartford, good merchant- 
able indian corn at 5s. per bushell as far as 500 bushells 



CONNECTICUT. 79 

will go at, if he can save by that, at the residue, he is to 
have os. "2<7. per bushell, provided also that that provision 
that Windsor is to take shall be landed there at Mr. Lud- 
lows, in consideration whereof, there is a restraint of any to 
go up the river to trade with the Indians for corn. Also if 
any Indians bring down any corn to us, we are not to ex- 
ceed 4s. per bushell, as also in case of necessity that any 
family or families do complain of present necessity, they 
are to repair to the magistrates which may advice them for 
the supply, altho it be to the dispensing with this Order pro- 
vided also that if the said Mr. Pyncheon be enforced to 
raise the price with the Indians of six pieces of wampum a 
piece, then the plantations are to increase the pay of 5s. per 
bushell if he can abate any thing, he will sett of so much of 
55. per bushell the payment, to be made in wampum at 35. 
a panny or merchantable beaver at 95. per pound. 

It is ordered, that whoever doth disorderly speak private- 
ly during the setting of Court with his neighbour or two or 
three together, shall pay Is. if the court so think meet. 

It is Ordered that Captain Maloy, Mr. Allen, Mr. Ward, 
shall go to Ao-awam and treat with the Indians concerning 
their tribute towards the charges of the warrs, to the value 
of one fathom of wampum a man. Wawattock, a fathom 
and a quarter. 

It is ordered, that Mr Ludlow, Mr. Hopkins, shall have 
a power to deal with Elias Parkman about his vessel to go 
to the Narragansett to trade for corn, and they are likewise 
to take up such commodities as may freight the said vessel, 
to the end aforesaid, and do thereon what they see meet, 
that may tend to the publick in that way, and that Planta- 
tions shall bear the charge of the said freights, and have the 
proceed of the corn, and trade according to the proportion 
of the last publick rate to the warrs, as also of what comes 
from Agawam. 

It is ordered that no commissioner or other person shall 
bind, imprison or restrain, corrector whip any Indian or 



80 BLUE LAWS OF 

Indians whatsoever, in his own case, or in the case of any 
others, nor give them any menacing or threatning speeches, 
except it be in case any Indian shall assault or affront their 
person or persons, or shall find them either wasting, killing 
or spoiling any of their goods or estate, and he or they 
shall find them so doing, and in that case, if they refuse to 
come before a Magistrate, they may force them to go and 
bind them if they refuse. But if any injury or trespass be 
offered or done by any Indian or their dogs, he or they are 
to complain to some Magistrate or Magistrates, provided 
always, that any two Magistrates together, may upon any 
special occasion send for any Indian to come before them, 
and if they see cause to restrain and imprison him or them, 
and in case of refusal or contumacy or other extraordinary 
occasion, to send force to apprehend or take him or them, 
if they see cause. 

It is ordered, that there shall be fifty cutlasses provided 
in the plantations. Hartford 21 cutlasses, Windsor 
12, Weathersfield 10, Agawam 7, which are to be pro- 
vided within six months at fatherest, and these cutlasses 
are to be viewed by the military officer that is provided for 
that purpose, and if he disallow them as insufficient, they 
are to provide better. And also that the said Towns are 
to give in the namesof such as are to find the said cutlasses, 
at the next general court, and then such as shall fail to pro- 
vide by the day afores'd, shall forthwith pay ten pounds and 
five shillings pr. month, untill he hath supplied them, and it 
shall also be lawful for the said military officer to call for 
the s'd cutlasses to view whether they be in repair or not. 

It is ordered that Captn. Mason shall be a publick milita- 
ry officer of the plantations of Connecticut, and shall train 
the military men thereof, in each plantation, according to 
the days appointed, and shall have £i0 pr. annum, to be 
paid out of the treasury quarterly, the pay to begin from the 
day of the date hereof. This order to stand in force for a 



CONNECTICUT. 81 

year, and untill the general court make another order to 
the contrary. 

It is also ordered, that Captn. Mason shall train the mil- 
itary men thereof in every plantation ten days in every year, 
(so as it be not in June or July,) giving a weeks warning 
before hand, and whosoever is allowed a soldier, and fail to 
come at the time appointed by the said publick officer, to 
pay for his default 3s Ad for that time, and if it be usual, 
for the second offence 5s. and if not amended, then the said 
delinquent is to be bound to answer it at the next court. 

Item. — It is ordered, that all the sons shall bear arms, 
that are above the age of sixteen years, unless they do ten- 
der a sufficient excuse to court, and the court allow the 
same. 

It is ordered, that there shall be a magazine of powder 
and shot in every plantation, that the supply of military 
men, if occasion serve — Hartford two barrells, Windsor one 
barrell of powder, 3001b. lead, Weathersfield 1 barreil of 
powder and 3001b. lead, Agawam half a barrell of powder 
and 1501b. lead, and every military man is to have continu- 
ally in his house in readiness, half a pound of good pow- 
der, two pounds of bulletts, suitable to his piece, one pound 
of match, if his piece be a match sort, and whosoever fails 
of his half pound of powder, two pounds of bulletts and 
match, to pay as far every time that is wanting. The plan- 
tations or plantation for not providing the said magazine of 
powder and lead within this three months, to pay forty shill- 
ings, and ten shillings for every month until it be provided. 

It is ordered, that there shall be a measure of each planta- 
tion brought to Hartford on the next particular Court, and 
then there will be a settled course for a measure in each 
plantation. The Gen'l Court is appointed on 22d of this 
instant month. 

It is ordered, that ail orders formerly made concerning 
military discipline until the orders of court, shall be void. 

Whereas it was ordered orto die, last that there should be 



82 BLUE LAWS OF 

a restraint of Trading for corn, in regard of some with Mr. 
Pyncheon to supply the plantations, upon consideration of 
Mr. Pyncheon, that he is somewhat fearfull of supplying 
the plantations, and whereas there is a clause in case of ne- 
cessity the magistrates may dispence with the orders. It is 
therefore Ordered, that Mr. Ludlow and Captain Mason, or 
either of them, taking likewise such with them as shall be 
meete, shall trade to supply their own necessities and the 
necessities of some others that are in want. 

It is ordered in the setting forth clause, that Mr. Phelps, 
Mr. Whiting, Mr. Winchell is to agitate that business for 
the commonwealth. 

Upon the complaint of Amamett and the Indians cohab- 
iting with him about Lieut. Holms's denying the planting of 
the old ground planted last year about Plymouth house. It 
was ordered, that they should plant the old ground, they 
planted the last year, for this year only, and they are to sett 
their wigwams in the old ground, and not without. 

q> to > 

\A general court at Hartford \ the 5th day of Jan y y, 1636. 

Thomas Ford, Mr. Plumb, Mr. Hubbard, Mr. Ludlow, Mr. 
Phelps, Mr. Pincheon, Mr. Marshall, Mr. Welles, Mr. Smith, 
Captain Mason, Thomas Ford, Thomas Marshall, Mr. Ray- 
ner, George Hubbard, are fined Is. apiece, for failing at the 
hour appointed, which 7 of the clock. 

It is ordered, that there shall be five sent to Warranock 
Indians to declare unto them that we have a desire to speak 
unto them, to hear the reasons why they said they were 
afraid of us, and if they will not come unto us willingly, 
then to compell them to come by violence, nnd they may- 
have two of the English as pledges in the mean time, and 
to trade with them for corn if they can. 

It is ordered, thatCapt'n Mason, Tho's Stanton, Jeremy 
Adams, John Giles, and Tho's Merrick, and if Tho's Mer- 
rick be gone to Agawam, then Captain Mason to take an- 
other, whome he please shall go in the said service, and if 



CONNECTICUT, 83 

he see cause to have hostages, he may, if he see cause to g<9 
to A g aw am. 

It is thought meet that the cutlasses that were in the last 
service, shall be made good to the commonwealth, and 
made as servicible as before, and that Richard Lord shall 
take such cutlasses into his custody as are in the meeting 
house at Hartford, and make them up, and when they be 
fitted up, the said Lord is to bring in his noate, and the courte 
to appoint one to view the same, and when they are certified 
to be in good kelter, there must be speedy course taken by 
the court, that speedy payment be made to s'd Lord. 

It is ordered, that there be a warrant directed to the several 
collectors of each plantation, to make their returns to the 
Treasurer within these 25 days, or else to answer their con* 
tempt at the next particular Court. 

Whereas there is a desire of the neighbours of Hartford) 
that there may be a publiGk highway for carte and horse 
upon the upland, between the said Hartford and Windsor > 
as may be convenient. It is therefore thought meet, that 

Henry Wolcott the younger, and Mr. Stephen *-*-■- and 

William Westwood, and Nathaniel Ward, shall consider of 
fitting and convenient highway, to be marked and sett out, 
and bridges made over the swamps. And then it being 
confirmed by the Court, the Inhabitants of Hartford may 
with making a comely and decent stile for foot, and fence 
up the upper end of the meadow, this to be done by monday 

seven night, upon penalty of 10s. every default. — • It 

is ordered, that with the consent of Mr. Pynchcon, that the 
said Mr. Pyncheon shall within these 18 days, pay Mr. Whit- 
ing forty pounds, by sending down as much corn as the s'd 
<£40 comes to, or else to pay him, the said Mr. Whiting in 
good merchantable beaver at 9s pr pound, provided that if in 
the day the said Whiting can put it away at a higher rate, 
the said Pyncheon to have the benefit of it — If it be put away 
at a loss, the s'd Pyncheon to stand, and the said Pyiiclirou 



84 BLUE LAWS OF 

may write to his friend to see that the said Whiting does his 
best for the said Pyncheon's advantage. 

It is ordered, that the indian corn brought into the plan- 
tations for the supply of their necesseties, either by agree- 
ment with Mr. Pyncheon or any other, by a general trade, 
shall go at 5s 6d in money, in Wampum at '3s Id per bushell, 
or if in beaver, according to the order, at 9s per pound — 
yet this is not in any way to infringe the bargain formerly 
made with Mr. Pyncheon for so much corn as he brings 
in. It is ordered, that these men following, shall receive 
the corn aforesaid, for the plantations, according to their 
proportion agreed on, and shall give an exact account of 
what every man hath, at the rates aforesaid, the men ap- 
pointed for this service, are Henry Wolcott the younger, for 
Windsor, Edward Stebbins and Thomas Scott for Hartford, 
for Weathersfield, Mr. Plumm. It is also ordered, that such 
as are in want of corn or like to be, betw een this and har- 
vest, must give in their names and wants, to the parties afore- 
said of the several Plantations, and they are to return it in 
the next particular Court, provided that the receivers of corn 
aforesaid, are not to deliver any corn, without the present 
payment formerly mentioned. 

It is ordered, that Thomas Stanton shall have for the ser- 
vice he hath done for the country allready past, ten pounds. 
It is Ordered, that Thomas Stanton shall be a publick Offi- 
cer for to attend the Court uppon all occasions, either gen- 
eral or particular, as also any meeting of the magistrates, 
to interpret between them and the Indians, and also is to 
have for it £\0 pr. year. 

It is ordered, that where any company of Indians do sett 
down near any English Plantation, that they shall declare 
who is their Sachem or Chief, and that the s'd Chief or Sa- 
chem shall pay to the said English, such trespass's as shall 
be committed by any Indians in the said Plantation adjoin- 
ing, either by sporting, or killing of cattle, or swine, either 
with traps, dogs, or arrows : and they are not to plead, that 



CONNECTICUT. 85 

it was done by strangers, unless they can produce the party, 
and deliver him or his goods into the custody of the English, 
and they shall pay the double, if it was voluntarily done. 

Whereas there was some complaint made against Win, 
Pyncheon of Agawam, for that as was conceived, and uppon 
proofe appeared he was not soe carefull to promote the pub- 
lick good in the trade of corne, as he was bound to doe, 
It is ordered that the said Pyncheon shall with all conven- 
ient speede, pay as a fine for his soe failinge, forty bushells 
of Indian corn, to be delivered to the Treasurer, to be dis- 
posed of as shall be thought meete. 

Whereas, uppon full debate and hearing, the matters of 
injuries and differences between Soheage, an Indian, the 
Sachem of Pyquaagg, now called Weathersfield, and the 
English Inhabitants thereof, and it appeared to the Court, 
that there hath been diverse injuryes offered by some of the 
said English Inhabitants to the said Soheage : as also the 
said Soheage and his men have likewise committed diverse 
outrages and wrongs against the said English, yet because, 
as was conceived, the first breach was on the s'd English part 
All former wrongs whatsoever, are remitted on both sides, 
and the Soheage is again received into amity to the s'd En- 
glish, and Mr. Stone, Mr. Goodwine, and Thomas Stanton, 
are desired to goe to the said Soheage, and to treat with 
him according to their best discretion, and to compose mat- 
ters between the s'd English and the s'd Soheage. 

It is ordered, that there shall be Is. pr. skin of beaver 
paid to the publick, out of the trade of beaver, to be paid 
unto the Treasurer every halfe year — This order to stand for 
a year, and untill the Courte take other Order to the Con- 
trary. It is Ordered, that none shall trade in this river 
with the Indians for beaver bin those that are hereafter 
named, viz. For Agawam, Mr. Pyncheon, For Windsor, 
Mr. Ludlowe, Mr. Hull, For Hartford, Mr. Whytinge, 
Tho's Staunton, Weathersfield, Thomas Hubbard and Rich- 
ard Law's, and it' any trade for beaver, o:her than arcfore- 
8 



80 BLUE LAWS OF 

named, they shall forfeit 5s. per pound, to be paid for every 
pound they shall soe trade. 

Uth 1638. 

It is Ordered, that the Treasurer shall deliver no money 
out of his hands to any person, without the hands of two 
Magistrates, if the same be above twenty shillings, if it be 
under, then the Treasurer is to accept, if the hand of one. 
But if it be for the payment of some bylls to be allowed, 
which are referred to some Committees to consider of, 
whether allowed or not, that such bylls as they all owe and 
sett their hands unto, the Treasurer shall accept and give 
satisfaction. 

THE CONSTITUTION OF HARTFORD, WEATHERSFIED AND 

Windsor, in 14th jan'v. 163S. 

(The first Governor ever chosen in the colony of Connec- 
ticut was in April 1039, as follows.) 

April 1639, General Meeting. 

John Haynes Esq. was chosen Governor for this year and 
untill a new be chosen, Roger Ludlowe, Deputy Governor. 

George Wyllys, Thomas Welles, Wm. Phelps, Edward 
Hopkins, John Webster, were chosen to assist in the magis- 
tracy for the year ensuing and all took the oath appointed 
for them. Edward Hopkins was chosen Secretary for the 
year ensuing. 

John Edmunde, Aaron Starke, and John Williams were 
censured for violence. 

John Williams to be whipt at a carts podex upon a Lec- 
tion day at Hartford. 

John Williams to stand upon the Pillory from the ringing 
of the first bell, to the end of the Lection, then to be whipt 
in like manner at Windsor within eight days following. 

Aaron Stark to stand upon the pillory and to be whipt as 
Williams, and to cause the letter R. burnt upon his cheek 



CONNECTICUT. 87 

and in regard to the wrong done to Mary Holt, to pay her 
parents =£10, and in defect of such payment to the com- 
monwealth when both are fitibr that condition to marry 
her. It is the mind of the Court that Mr. Ludlow and Mr. 
Phelps see some publick punishment iflicted upon the girl 
for concealing it so long. 

August the 1st, 1639. 

^/ John Bennet and Mary Holt, were both sentenced to be 
whip't. for unclean practices, and the girls master is enjoin- 
ed to send her out of this jurisdiction before the last of next 
month. 

These following were sentenced and 'fined for unreason- 
able and immoderate drinking at the pennace. Thomas 

Cornwell 305. John Lattimer, 15s. Matthew, 10s. 

Sam'l. Kitwell, 105. Thomas Upson, 205. 

John Moody had an attachment upon the goods of Thom- 
as James for a debt of five pounds of tobacco. 

A GENERAL COURT AT HARTFORD, THE 8tH OF AUG. 1039. 

John Hayncs Gov. — Roger Ludlow, Deputy. 

(The assistants and Committee, the same.) 
The Constables of Hartford were fined 2s. Cuf. for not 
returning their warrants according to order, being much 
favored in regard, it was the first time and one of them 
sick. 

It is ordered that the military men shall be trained at eve- 
ry six days in the year. The times are to be chosen at the 
discretion of the court, only the months of May, June and 
July are excepted unless it be uppon special occasion. 

The Treasur's. accompts being audited the country was 
found indebted to him £\6. 10s. 6d. Mr. Governor, Mr. 
Deputy, and Mr. Welles or any two of them are entreated 
to go to the rivers mouth to consult with Mr Fenwich about 



88 bli:e laws of 

a treaty of combination which is desired again to be on foot 
with the Bay. 

The occasions of the commonwealth being taken into 
consideration it was thought and ordered, that a rate of c£100 
be made in these plantations, and Mr. Talcott, Mr. Hull, 
and Mr. Tapping are entreated to apportion it upon the sev- 
eral plantations to be paid in the one half within a month 
and the other within three months. 

August the loth, 1G39. — A meeting of the General court, 
which was adjourned untill this dny. 

Mr. Treasurer had orders to call in for all the fines due to 
the country and for such monies as are due from the traders 
for beaver. 

The manifold insolences that have been offered of late by 
the Indians, put the court in mind of that which hath been too 
long neglected, to wit, the execution of justice upon the 
former murtherers of the English, and it was upon serious 
consideration and debate, thought necessary and according- 
ly determined that some speedy course betaken thereon, and 
for effecting hereof it was concluded that one hundred men 
be levied and sent down to Mattabeseek where seueral guil- 
ty persons reside and have been harboured by Soheage, not- 
withstanding all means by way of preservation have been 
formerly used to him for surrendering them upp into our 
hands — And it is thought that these councils be imparted to 
our friends at Quinnissiacke, that provision may be made 
for the safety of the new plantations, and upon their Joint 
consent to procecde or desist. 

The .£100 Rate was laid upon the several Towns in this 
Proportion— Hartford £43, Windsor <£2S :(J:8, Weathers- 
field £28 : 13: 4— Adg'd to 26th of this month. 

August the 26th 1G39. 

Mr. Webster informed the Court that according to the 
determination of the last meeting — Mr. Deputy, Mr. Welles 



CONNECTICUT. 89 

and himself, acquainted our friends at Quinnissiache, with 
their purposes concerning the murtherers, and desired the 
concurrence of their apprehensions therein, who fully ap- 
proving of the thing, yet intimated their thoughts, some- 
what to differ from ours, in the present execution of it in re- 
gard of some new plantations, that are now beginning, and 
some inconvenience which may fall upon those parts of the 
country, by a noise of a new warr, which may hinder the 
coming of ships the next year. Whereas diverse of the Pe- 
quotts who were given to Uncas, and Antinemo, have plant- 
ed again part of the land which was conquored by us, con- 
trary to our agreement with them, it was thought fit, and or- 
dered, that forty men be proportioned out of the several 
plantations and immediately sent away to gather the corn 
there planted by them. The men proportioned for the sev- 
eral Towns, Windsor 13, Hartford 17, Weathersfield 10— 
It was refered to Mr. Governor, Mr. Wyllys, Mr. Phelps, 
Capt. Mason, and Mr. Ward, to agitate this business, and 
bring it to an issue with what speed may be, and they have 
power to press 20 Arms, 2 Shallops, and two Canoes for 
this service. 

It w;is concluded that there be a publick day of Thanks- 
giving in these plantations, upon the 18th of this month. — 
This Court is dissolved. 

September 5, 1G39, John Haynes Gov'r. 

Hopkins, Phelps, Welles, and Webster, — 
Richard Lyman complaineth against Sequassen, for burn- 
up his hedge, which before Mr. Governor, he formerly prom- 
ised to satisfy for, but yet hath not done it — Sequassen, ap- 
peared and promised to pay within four days or else an at- 
tachment to be granted. 

Samuel Ireland, was fined LOs for contempt of the Court, 
in not appearing upon a warrant served upon him — Upon 
his submission he paid 5s and was acquitted. 



90 BLUE LAWS OF 

October the 3d, 1030. 

Haynes, Webster, Ludlow, Phelps, Wyllys, Hopkins, 

Welles. 

Edward Hopkins, vs. Francis Stiles, in behalf of John 
Woodcock, in an action for breach of Covenant. 

The Jury find that the Def t.§hath in his hands .£80, and 
c£159 for^the purchase of the house, and for not taking in 
400 acres of ground according to bargain, that Mr. Stiles 
should take the house back again, and repay the £230, with 
c£?0 y damages, costs 10s &d. 

It is ordered, that the soldiers in the last exploit, shall be 
paid for nine days at 2s per day. The money to be paid to 
the Constables of every Town, and he to deduct the cost of 
the provision he pressed for them. 

September Win 1G39. 

Mr. Deputy was fined 5s Scl for being absent. 

The Constables of Windsor were fined for not returning 
the warrant of the Committee that were chosen for that 
Town. 

Mr. Lenwick, Mr. Whiting, Mr. Hill, and Mr. Ward, are 
nominated by the Court to be presented to the vote of the 
Country for magistrates at the Court in April next, (provided 
Mr. Lenwick, and Mr. Whiting, shall be Fremen by that 
time.) 

SAYBROOK TLATFOUM, TAKEN FROM THE STATE RECORD. 

At a General Assembly and Court of Election, holekn at 
Hartford, May 13*/*, 1708. 

This assembly, from their own observation, and the com- 
plaint of many others, being made sensible of the defects 
of the discipline of the Churches of this government, aris- 
ing from the want of a more explicit asserting of the rules 
given for that end in the holy scriptures; from which would 



CONNECTICUT. 91 

arise a permanent establishment among ourselves, a good 
and regular issue in cases, subject to Ecclesiastical disci- 
pline, glory to Christ our head, and edification to his mem- 
bers, hath seen fit to ordain and require, and it is by the 
authority of the same, ordained and required, that minis- 
ters of the several Counties in this government, shall meet 
together, at their respective County towns, with sush mes- 
sengers, as the churches to which they belong shall see 
cause to send with them, on the last monday in June next; 
there to consider upon those methods and rules for the man- 
agement of Ecclesiastical discipline, which by them shall 
be judged agreeable and conformable to the word of God, 
and shall, at the same meeting, appoint two or more of their 
number to be their delegates, who shall all meet together at 
Saybrook, at the next commencement, to be held there,* 
where they shall compare the results of the ministers of the 
several counties, and out of, and from them, to draw a form 
of Ecclesiastical discipline, which, by two or more persons, 
delegated by them, shall be offered to fhis Court, at their 
session at New Haven, in October next; to be considered 
of, and confirmed by them : And the expense of the above 
mentioned meetings shall be defrayed out of the public 
treasury of this Colony. 

According to the act of the Assembly, the ministers and 
Churches of the several Counties, convened at the time ap- 
pointed, and made their respective drafts for discipline, and 
chose their delegates for the general meeting at Saybrook 
in September. 

SAYBROOK PLATFORM. 

At a meeting of delegates from the councils of the sever- 
al Counties of Connecticut Colony in New England, in 
America, at Saybrook, Sept. 9th, 1708. 

♦Yale College was first located at Saybrook, and continued there until 
about 1616, or 1G17. 



92 BLUE LAWS OF 



PRESENT. 



From the Council of Hartford County : — the Rev. Tim- 
othy Woodbridge, Noadiah Russell, and Stephen Mix. 
Messenger, John Haynes, Esq'r. 

From the Council in Farfield County : — The Rev. Charles 
Chauncey and John Davenport. Messenger, Deacon Sam- 
uel Hoyt. 

From the Council in New London County : — The Rev. 
James Noyes, Thomas Buckingham, Moses Noyes, and 
John Woodward. Messengers, Robert Chapman, Deacon 
William Parker. 

From the Council of New Haven County : — The Rev. 
Samuel Andrew, James Pierpont and Samuel Russell. 

The Rev. James Noyes and Thomas Buckingham, being 
chosen Moderators. The Rev. Stephen Mix and John 
Woodward, being chosen scribes. 

In compliance with an order of the general Assembly, 
May loth, 1708, after humble addresses to the throne of 
grace for the divine presence, assistance and blessing upon 
us, having our eyes upon the word of God, and the Con- 
stitution of our Churches, we agree that the confession of 
faith owned and assented unto by the Elders and messen- 
gers assembled at Boston in New England, May 12th, 1080, 
being the second session of that Synod, be recommended to 
the honorable general Assembly of this Colony, at the next 
session, for their public testimony thereunto, as the Faith of 
the Churches of this Colony.* 

We agree also, that the heads of agreement assented to 
by the united ministers, formerly called Presbyterian and 
Congregational, be observed by the Churches throughout 
this Colony. 

And for the better regulation of the administration of 

* " This was the Savoy Confession, with some small alterations." — 
Trim. Hist. Con. 



CONNECTICUT. 93 

Church discipline, in relation to all cases Ecclesiastical, 
both in particular Churches and Councils, to the full deter- 
mining and executing the rules in all such cases, it is 
agreed. 

I. That the Elder or Elders of a particular Church, 
with the consent of the brethren of the same, have power, 
and ought to exercise Church discipline, according to the 
rule of God's word, in relation to all scandals that fall out 
within the same. And it may be meet, in all cases of diffi- 
culty, for the respective pastors of particular Churches, to 
take advice of the Elders of the Churches in the neighbor- 
hood, before they proceed to censure in such cases. 

II. That the Churches which are neighboring to each 
other, shall consociate, for mutual affording to each other 
such assistance as may be requisite, upon all occasions Ec- 
clesiastical. And that the particular pastors and Churches, 
within the respective Counties in this government, shall 
be one consociation, (or more, if they shall judge meet,) for 
end aforesaid. 

III. That all cases of scandal, that fall within the cir- 
cuit of any of the aforesaid Consociations, shall be brought 
to a council of Elders, and also messengers of the Churches 
within the said circuit, i. e. the Churches of the Consocia- 
tion, if they see cause to send messengers, when there shall 
be need of a Council for the determination of them. 

IV. That according to the common practice of our 
Churches, nothing shall be deemed an act or judgment of 
any Council, which hath not the act of the major part of 
the Elders present concurring, and such a number of the 
messengers present, as makes the majority of the Council : 
provided, that if any such Church shall not see cause to 
send any messengers to the Council, or the persons chosen 
by them shall not attend, neither of these shall be any ob- 
struction to the proceedings of the Council, or invalidate 
any of their acts. 

V. That when any case is orderly brought before I ny 



94 BLUE LAWS OF 

Council of the Churches, it shall there be heard and de- 
termined, which, (unless orderly removed from thence,) 
shall be a final issue ; and all parties therein concerned, 
shall sit down and be determined thereby. And the Coun- 
cil so hearing and giving the result or final issue in said 
case as aforesaid, shall see their determination or judgment, 
duly executed and attended, in such way or manner, as shall 
in their judgment be most suitable and agreeable to the 
word of God. 

VI. That if any pastor and Church doth obstinately re- 
fuse a due attendance and conformity to the determination 
of the Council, that hath the cognizance of the case and 
determineth it as above, after due patience used, they shall 
be reputed guilty of scandalous contempt, and dealt with as 
the rule of God's word in such case doth provide, and the 
sentence of non-communion shall be declared against such 
pastor and Church. And the Churches are to approve of 
the said sentence, by withdrawing from the communion of 
the pastor and Church which so refused to be healed. 

VII. That in case any difficulties shall arise in any of 
the Churches in this Colony, which cannot be issued with- 
out considerable disquiet, that Church in which they arise, 
(or that minister or member aggrieved with them,) shall 
apply themselves to the council of the consociated Churches 
of the circuit to which the said Church belongs; who, if 
they see cause, shall thereupon convene, hear and deter- 
mine such cases of difficulty, unless the matter brought be- 
fore them shall be judged so great in the nature of it, or so 
doubtful in the issue, or of such general concern, that the 
said council shall judge best that it be referred to a fuller 
Council, consisting of the Churches of the other Consocia- 
tion within the same County, (or of the next adjoining con- 
sociation of another County, if there be not two Consocia- 
tions in the County where the difficulty ariseth,) who, to- 
gether wifli themselves, shall hear, judge, determine, and 
finally issue such case, according to the word of G<.d. 



CONNECTICUT. 95 

VIII. That a particular Church, in which any difficulty 
doth arise, may, if they see cause, call a council of the 
Consociated Churches of the circuit, to which the Church 
belongs, before they proceed to sentence therein ; but there 
is not the same liberty to an offending brother, to call the 
Council, before the Church to which he belongs, proceed 
to excommunication in the said case, unless with the con- 
sent of the Church. 

IX. That all the Churches of the respective Consocia- 
tions shall choose, if they see cause, one or two members 
of each Church, to represent them in the Councils of the 
said Churches, as occasion may call for them, who shall 
stand in that capacity til new be chosen for the same ser- 
vice, unless any Church shall incline to choose their mes- 
sengers anew, upon the convening of such Councils. 

X. That the minister or ministers of the County towns, 
or where there are no ministers in such towns, the two next 
ministers to the said town, shall, as soon as conveniently 
•nay be, appoint time and place, for the meeting of the El- 
ders and messengers of the Churches in said County, in 
)rder to the forming themselves into one or more Consoci- 
ations, and notify the time and place to the Elders and 
Churches of that County, who shall attend at the same, the 
Elders in their persons, and the Churches by their messen- 
gers, if they see cause to send them. Which Elders and 
m( -sengers, so assembled in council, as also any other here- 
by allowed of, shall have power to adjourn themselves, as 
need shall be, for the space of one year, after the begin- 
ning or first session of the said Council, and no longer. 
And that minister who was chosen at the last session of any 
Council, to be moderator, shall, with the advice and con- 
sent of two more Elders, (or in case of the moderator's 
death, any two Elders of the Bame consociation,) call an- 
other Council within the circuit, when they shall judge 
there is need thereof. And all Councils may prescribe rules 
as occasion may require, and whatever they judge needfull 



96 BLUE LAWS OF 

within their circuit, for the well performing and orderly 
managing the several acts, to be attended by them, or mat- 
ters that come under their cognizance. 

XI. That if any person or persons, orderly complained 
of to a council, or that are witnesses to- such complaints, 
(having regular notification to appear,) shall refuse, or neg- 
lect so to do, in the place, and at the time specified in the 
warning given, except they or he give some satisfying rea- 
son thereof to the council, they shall be judged guilty of 
scandalous contempt. 

XII. That the teaching Elders of each County shall be 
one association, (or more, if they see cause.) which associa- 
tion or associations, shall assemble twice a year at least, at 
such time and place as they shall appoint, to consult the du- 
ties of their office and the common interest of the churches, 
who shall consider and resolve questions and cases of im- 
portance which shall be offered by any among themselves or 
others; who also shall have power of examining and recom- 
mending the candidates of the ministry to the work thereof. 

XIII. That the said associated pastors, shall take notice 
of any among themselves, that may be accused of scandal or 
heresy, unto or cognizable by them, examine the matter 
carefully, and if they find just occasion, shall direct to the 
calling of the council, where such offenders shall be duly 
proceeded against. 

XIV. That the associated pastors shall also be consulted 
by bereaved churches, belonging to their association, and 
recommend to such Churches, such persons as may be 
fit to be called and settled in the work of the gospel minis- 
try among them. And if such bereaved Churches shall not 
seasonably call and settle a minister among them, the said 
associated pastors shall lay the state of such bereaved Church 
before the General Assembly of this Colony, that they may 
take order concerning them, as shall be found necessary for 
their peace and edification. 

XV. That it be recommended as expedient, that all the 



CONNECTICUT. 97 

associations in this Colony, do meet in a general associa- 
tion by their respective delegates, one or more out of each 
association once a year, the first meeting to be at Hartford 
at the general Election, next ensuing the date hereof, and 
so annually in all the Counties successively, at such time 
and place, as they the said delegates, shall in their Annual 
Meetings appoint. 

At a General Court holdcn at New Haven, October 1708. 

The Reverend Ministers, delegates from the Elders and 
Messengers of this government, met at Saybrook Sept. 9th, 
1708, having presented to this Assembly, a confession of 
faith, and heads of agreement, and regulations in the ad- 
ministration of Church discipline, as unanimously agreed 
and consented to by the Elders and Churches in this gov- 
ernment ; this Assembly doth declare their great approba- 
tion of such an happy agreement, and do ordain, that all the 
Churches within this government, that are, or shall be thus 
united in doctrine, worship and discipline, be, and for the 
future shall be owned and acknowledged, established by 
law; provided always, that nothing herein shall be intended 
or construed to hinder or prevent any society or Church, 
that is or shall be allowed by the laws of this government, 
who soberly differ or dissent from the united Churches here- 
by established, from exercising worship and discipline in 
their own way, according to their consciences. 

October, 176G. 

An Act for publishing the oaths of Allegiance and Su- 
premacy, Declaration against Popery, and oath of abjura- 
tion as the same are to be administered, agreeable to act of 
Parliament. 

Be it enacted by the Governor, Council and Representa- 
tives, in General Court Assembled, and by the authority of 
the same, that the oaths provided by act of Parliament, in- 
stead of the oaths of Allegiance and Supremacy; the Dec- 



98 BLUE LAWS OF 

laration gainst Popery, and also the oath of abjuration, agree- 
able to the form prescribed by a late act of Parliament, 
passed in the sixth year of His present Majesty's Reign, be 
printed with the Acts of this Assembly which are as follows, 
viz : 

I, A. B., do sincerely promise and swear, that I will be 
faithful and bear true allegiance to His Majesty King George 
the third, so help me God. 

I, A. B., do swear, that I do from my Heart, abhor, de- 
test and abjure as impious and heretical, that damnable 
Doctrine and position, that Princes excommunicated or de- 
prived by the Pope or any authority of the See of Home, 
may be deposed or Murthered by their Subjects, or any 
other whatsoever, and I do declare that no foreign Prince, 
person, Prelate, State or Potentate, hath or ought to have 
any Jurisdiction, power, superiority, preeminence or au- 
thority, Ecclesiastical or Spiritual, within the Realm of 
Great Britain, so help me God. 

I, A. B., do solemnly and sincerely in the presence of 
God, profess, testifie and declare, that I do believe, that in 
the Sacrament of the Lord's Supper, there is not any tran- 
substantiation of the Elements of Bread and Yv 'ine, into the 
Body and Blood of Christ, at or after the consecration there- 
of, by any person whatsoever ; and that the invocation or 
adoration of the Virgin Mary, or any other Saint, and the 
Sacrifice of the Mass, as they are now used in the Church 
of Rome, are Supcrtitious and Idolatrous. 

And I do solemnly in the presence of God, profess, testi- 
fie and declare, that I do make this declaration, and every 
part thereof ; in the plain and ordinary sense of the words 
read unto me, as they are commonly understood by English 
Protestants, without any evasion, equivocation or mental 
reservation whatsoever, and without any dispensation alrea- 
dy granted me for this purpose, by the Pope or any author- 
ity or person whatsoever, and without any hope of any such 
dispensation from any authority or person whatsoever ; or 



CONNECTICUT. 99 

without thinking that I am or can be acquitted before God 
or man, or absolved of this declaration or any part thereof, 
although the Pope or any other person or persons, or pow- 
er whatsoever, should dispence with or annul the same, or 
declare that it was null and void, from the beginning. 

.1, A. B. do truely and sincerely acknowledge, profess, 
testine and declare in my conscience, before God and the 
world, that our Sovreign Lord King George, is lawful and 
rightful King of this Realm, and all other his Majesty's 
Dominions and Countries thereunto belonging And I do 
solemnly and sincerely declare, that I do believe in my 
conscience, that not any of the descendents of the person 
who pretended to be Prince of Wales, during the life of 
the late King James the second, and since his Decease pre- 
tended to be, and took upon himself the stile and title of 
King of England, by the name of James the third, or of 
Scotland by the name of James the eighth, or the stile and 
title of King of Great Britain, hath any right or title what- 
soever to the Crown of this Realm, or any other the Domin- 
ions thereunto belonging. And I do renounce, refuse and 
abjure allegiance or obedience to any of them; and I do 
swear that I will bear faith and true allegiance to His Ma- 
jesty King George, and him will defend to the utmost of my 
power, against all Traiterous conspiracies and attempts 
whatsoever, which shall be made against his person, Crown 
or dignity, and I will to my utmost endeavour to disclose 
and make known to his Majesty, and his successors, all 
Treasons and Traiterous conspiracies, which I shall know 
to be against him, or any of them. And I do faithfully 
promise to the. utmost of my power, to support, maintain 
and defend the succession of the ( rainsl the De- 

scendants of the said James, and against ;ili other persons 
whatsoever: which succession by an act intituled *' an Act 
for the further limitation of the Crown and better securing 
the rights and liberties of the Bubiect, i^ and stands limited 



100 BLUE LAWS OF 

to the Princes Sophia, Electoress and Duchess Dowager 
of Hanover, and the Heirs of her body, being Protestants. 

And all these things I do plainly and sincerely acknowl- 
edge and swear according to these express words by me 
spoken, and according to the plain common sense and un- 
derstanding of the same words, without any equivocation, 
mental evasion or secret reservation whatsoever. And I do 
make this recognition, acknowledgment, abjuration, renun- 
ciation and promise, heartily, willingly and truly, upon the 
true faith of a Christian. 

The following arc orders of the General Court (or Le- 
gislature) of the Colony of Count, passed at the time of 
the date of each order. 

1640. — Notwithstanding the late order concerning the 
Excess of apparel, yet divers Persons of severall Ranks 
are obsearved still to exceede therein. It is therefore Or- 
dered, that the Constables of every towne within there 
Libertyes shall observe and take notice of any particular 
Person or Persons, within thier several Lymits, and all 
such as they judge to exceed thier condition and Rank 
therein, they shall present and warn to appear at the par- 
ticular Court, as also the said Constables are to present to 
the said Court all such persons as sell thier commodities 
at excessive rates ;* and the said Court hath power to cen- 
sure any disorders in the particular before mentioned. 

1641. — For as much as the Court having lately declared 
their apprehensions to the Country concerning the excess 
in wages amongst all sorts of artificers and workmen, and 
hoping thereby, men would have been a Law unto them- 
selves, but finding little reformation thereon. The said 
Court hath therefore ordered, that sufficient able Carpen- 
ters, plowrights, wheelrights, masons, Joyners, Smithes, 
and coopers, shall not take above 20 pence for a days work 

* Flour at $12,50, would endanger the flour merchant. 



CONNECTICUT. 101 

fronfthe 10th of March to the 10th of October, and not 
above 18 pence a day for the other part of the yere, and 
to work ten hours in the day in the summer tyme, besides 
that which is spent in eating or sleeping, and six hours in 
the winter. Also, mowers for the tyme of mowing, shall 
not take above 20 pence for a days work. 

1641. — It is ordered that all artificers or handicraftsmen 
and chief Labourers, shall not take above Is Gd a day for 
the first halfe year, and not above Mr/for the other part of 
the yeare ; and if said worke is lett or taken by the great 
or parcell by any workmen, Labourers or artificers, it shall 
be valued by the proportion afores'd. Also, Sawyers, shall 
not take above 4s 2d for slit work, nor above 3s 6d for 
boards by the 100. It is also ordered, that four of the bet- 
ter sort of oxen or horses with the tacklin, shall not be val- 
ued at above 4s Gd the day from March to October. 

1041. — It is ordered that Mr. Steele, Mr. Welles, Mr. 
Plumb, and James Bussy, shall runne the Lyne icest into 
the Country betwixt Hartford and Weathersfield, to begin 
at the great River against the marked tree. 

1641. — The Court is adjourned to the 1st Wednesday 
in January, to meet at the Governors House after the Lec- 
ture. 

1041. — It is Ordered that Capt'n Mason shall have 500 
acres of ground for him and his Heirs about Pequoyt 
country, and the dispose of 500 more to such souldiers as 
joyned with him in the service when they conquered the 
Indians there. 

THE OATH OF A FREEMAN IN 1640. 

I, A. B. being by the Providence of God, an Inhabitant 
within the jurisdiction of Connecticutt, do acknowledge 
myselfe to be subject to the government thereof, and do 



102 BLUE LAWS OF 

sweare by the greate fearfull name of the Everliving God, 
to be true and faithfull unto the same, and do submit both 
my person and Estate thereunto, according to all the 
wholsom Laws and Orders that there are or hereafter shall 
be there made by lawfull authority ; and I will^nether plott 
nor practice any evill against the same, nor consent to any 
that shall so doe, but will tymely discover the same to au- 
thority there established ; and that I will, as I am in duty 
bound, mayntayn the honor of the same, and of the lawfull 
Magestrates thereof promoting the public good of y't 
whilst I shall so continue an inhabitant there ; and when- 
ever I shall give my vote touching any matter which con- 
cerns this commonwealth being called thereunto, will give 
it as in my conscience I shall Judge may conduce to the 
best good of the same without respects of Persons or fa- 
vour of any man, so help me God in our Lord Jesus Christ. 

CAPITALL LAWES OF CONNECTICUT, ESTABLISHED BY THE 
GENERALL COURT THE FIRST OF DECEMBER, 1642. 

1. Yf any man after legall conviction, shall have or 
worship any other God but the Lord God, he shall be put 
to death. Deu. 13 ; 6, and 17. 2 Ex. 22 ; 20. 

2. Yf any man or woman be a Witch, (that is) hath or 
consulteth w'th a familliar spirit, they shall be put to death. 
Ex. 22 ; 18. Lev. 20 ; 27. Deu. 18 : 10, 11. 

3. Yf any p'son shall blaspheme the name of God the 
ffather, Son or Holy Goste w'th direct, express pr'sumptu- 
ous or highanded blasphemy, or shall curse God in the like 
manner, he shall be put to death. Lev. 24 ; 15, 16. 

4. Yf any p'son shall comitt any willfull murther, w'ch 
is manslaughter comitted vppon mail ice, hatred or cruelty, 
not in a mans necessary and just defence, nor by mere cas- 
ualty against his will, he shall be put to death. Ex. 21 j 
12, 13,°14. Num. 35; 30, 31. 

5. Yf any person shall slay another through guile, ether 



CONNECTICUT. 103 

by poysonings or other such Diuilish (Devlish) practices, 
he shall be put to death. Ex. 21 ; 14. 

6. Yf any man or woman shall ly w'th any Beast or 
brut creature by carnall copulation, they shall surely be 
put to death, and the Beast shall be slayne and buried. 
Lev. 20; 15, 16. 

7. Yf any man lye w'th mankind as he lyeth w'th a wo- 
man, both of them have comitted abomination, they both 
shall surely be put to Death. Lev. 20 ; 13. 

8. Yf any p'son comiteth Adultery w'th a married or 
-espoused wife, the Adulterer and the Adulteres shall surely 
be put to Death. Lev. 20 ; 10 and 18, 20. Deu. 22 ; 23, 24. 

9. Yf any man shall forcibly and w'thout consent rau- 
ishe any mayd or Woman that is lawfully married or con- 
tracted, he shall be put to Death. Deu. 22 ; 25. 

10. Yf any man stealeth a man or mankind, he shall be 
put to Death. Ex. 21 ; 16. 

1 1. Yf any man rise vp by false witness, wittingly and 
of purpose to take away any man's life, he shall be put to 
Death. Deu. 19 ; 16, 18, 19. 

12. Yf any man shall conspire or attempte any Inuasion, 
Insurrection or Rebellion against the comon welth, he 
shall be put to Deth. 

13. Yf any childe or children aboue sixteene yeers old, 
and of sufficient understanding, shall curse or smite their 
natural father or mother, hee or they shall bee put to Death ; 
unlesse it can bee sufficiently testified that the parents have 
beenevery vnchristianly negligent in the education of such 
children, or so provoake them by extreme and cruel cor- 
rection that they have beene forced thereunto to preserve 
themselues from Death or maiming. Ex. 21 ; 17. Lev. 
20. Ex. 20 ; 15. 

14. Yf any man have a stubborne and rebellious sonne, 
of sufficient yeares and vnderstanding, viz., sixteene yean - 
of age, which will not obey the voice of his father or the 
voice of his mother, and that when they haue chastened 



104 BLUE LAWS OF 

him, will not hearken vnto them ; then may his father and 
mother, being his naturall parents, lay hold on him and 
bring him to the Magcstratcs assembled in courte, and tes- 
tify vnto them, that theire sonne is stubborne and rebellious, 
and will not obey their voyce and chastisement, but lives 
in sundry notorious crimes, such a sonne shall bee put to 
Death. Deu. 21; 20, 21. 

1642. It is Ordered that there shall be a guard of forty 
men to come compleat in their arms to the meeting every 
Sabbath, and Lecture Day, in every towne within these Lib- 
erties upon the River. 

1642. It is Ordered, that there shall be 90 Coats provi- 
ded within these plantations within ten days basted with 
cotton wool, and made defensive against Indian arrows, — 
(i. e.) Hartford 40— Windsor 30— Weathersfield 20. 

1G42. It is Ordered that no man within these Libertyes 
shall refuse merchantable Indian come, at the rate of 2s 6d 
the bushel for any contract made for the labour of men or 
cattle or commodityes is sold after the publishing this order. 

1643 It is Ordered that all the Souldiers in the severall 
Towns within this Jurisdiction, shall be trayned sixe days 
yearely as they shall be appoynted by the Captain or other 
Officers. 

1643. Whereas many complaynts are brought into the 
Courte by reason of diverse abuses that fall out by severall 
persons that sell Wyne and Strong Water, as well in ves- 
sels on the River, as also in several houses, for the prevent- 
ing whereof — It is now Ordered that no person or Persons 
after the publishing this Order, shall neither sell Wyne nor 
Strong Water, in any place within these Liberties, without 
Licence from the particular Court or any two Magistrates. 

A. D. 1643. It is Ordered that every Town upon the* 



'Whippcr on Conn't. River. 



CONNECTICUT. 105 

River shall provide one man in each town to doe execution, 
uppon De linquents by Whipping 01 other correction as they 
shall be thereunto cauled, by order from the Magistrates. 

1G43. It is Ordered that good Rix Dollars, shall pass 
between man and man, at five shillings a piece, in all pay- 
ments — The debts being made after the publishing this 
order. 

(In 1644, an Order was made, that all marriages and 
births should be recorded.) 

1646. It is Ordered, that if any person within these Lyb- 
ertys have Cine, or shall be ffyned or whippen for any scan- 
dalous offence, he shall not be admitted after such Tyme to 
have any Voate in Towne or common Wealth, nor to serve 
on the Jury, untill the Court shall manifest their satisfaction. 

Dec. 1st, 1645. — It is Ordered that the Plantation cauled 
Tunxis, shall be cauled Farmingfon, and that the bounds 
thereof shall be as follows— The Eastern bound shall meet 
with the Western of these Plantations, which are to be five 
myles on this side the Great River, and the Northern bound 
shall be five myles from the Hill, in the Great Meadow, 
towards Massuo, and the Southern Bounds from the Hill, 
shall be five myles, and they shall have Lyberty to improve 
ten myles further than the said River, and to hinder others 
from the like untill the Court see fit otherwise to dispose of 
yt, and the said Plantation are to attend the General Orders, 
formerly made by this Court, settled by the Committee 
to whome the same was refered, and other occations, as the 
reste of the Plantations uppon the River do, and Mr. Steele 
for the present is intreatcd to bee Recorder, untill the 
Towne have one fit among themselves, they are also to have 
the like Libertyes as the other Townea uppon the River, for 
making Orders among themselves, provided they alter not 
any fundamental agreements settled by the said Committee 
hitherto attended. 



10G BLXE LAWS OF 

General! Court, June llth 1G40. 

The said Mr. Mitchell for undertaking the office of Town 
Cleric or Recorder, notwithstanding his uncapableness of 
that Office, by sentence of Court, he is fined to pay the 
Country 29 *Nobles, and for that part of the Town of 
Weathersfield, who chose the said Mr. Mitchell to office, 
notwithstanding the censure of court, axejlned to the coun- 
try four pounds. 

1640. Mr. Mitchell is returned Recorder for the Towne 
of Weathersfield — But he is found incapable of the place, 
lying under censure of the Court, and he and the Towne 
who chose him to that place, are to have notice to appear at 
the next adjourned court — They are to have liberty to bring 
in the records of their lands untill the General Court in 
Sept'r next. 

A Gencrall Court, held at Hartford, May 20, 1647. 

It is Ordered, that there shall be a Guard of 20 men, ev- 
ery Sabbath, and Lecture day, compleate in their Arms, 
in ech severall towne upon the River, and att Seabrooke 
and Ffarmington, 8 a peace; ech towne of the sea coast, 
ten, and as the number of men increase in the townes, the 
Guard is to encrease. 

It is the mynde of the Court that ther shall be provision 
made for entertayneing the Magistrate, during the sitting of 
the Court, and the Deputyes of Hartford, are desired to find 
out a fitte man. 

If Mr. Whiting with any others shall make tryall and 
prosecute a desyne for the taking of Whale within these 
libertyes, and if uppon tryall within theterme of two yeares, 
they shall like to goe on, noc others shall be sufferred to 
interrupt them for the tearme of seven yeares. 

May 18, 1G48. Whereas David Provost, and other Dutch- 

* Gs Sd Sterling:. 



CONNECTICUT. 107 

men (as the Court is informed,) have sould powder and 
shotte to severall Indians, against the expresse lawes both of 
thelnglishe, and Dutch, it is now ordered, that if uppon ex- 
amination of Witnesses, the said default shall fully appeare, 
the penalty of the laws of this Commonwealth, shall be laid 
uppon such as shall be found guilty of such transgression, 
the which if such delinquents shall not subject unto, they 
shall be shipped for Ingland, and sent to the Parliament. 

17th May 1649. Thomas Mynott, is appointed by this 
Court to be a Military Sergeant, in the town of Pequott, and 
doe invest him with power to call forth and trayne the Soul- 
dyers of that towne according to order of Court. 

1650. Fforasmuch as the open contempt of Gods word 
and Messengers thereof, is the d isolating sinne cf civill 
states and churches, and that the preaching of the word, 
by those whom God doth send, is the chief ordinary means 
ordained by God, for the converting, edifying and saving 
the soules of the Elect through the presence and power of 
the Holy Ghost therevnto promised, and that the Ministry 
of the word is set vp by God, in his Churches, for these 
holy ends, and according to the respect or contempt of the 
same, and of those whome God hath set aparte for his own 
worke and imploymcnt, the weale or woe of all Christian 
States is much furthered and promoated. 

It is therefore ordred and decreed : That if any Christian 
(so called) within this Jurisdiction, shall contemptuously 
behave himselfe towards the word preached or the messen- 
gers thereof, called to dispence the same in any Congrega- 
tion when he doth faithfully execute his service and office 
therein, according to the will and word of God, either by 
interrupting him in his preaching, or by charging him false- 
ly with an error w'ch he hath not thought in the open face 
of the church, or like a sonne of Korah, casl \[><>n his true 
doctrine, or himselfe any reproach, to the dishonour of the 
Lord Jesus, who hath sent him, and to the dispaagement 



108 BLUE LAWS OP 

of that his holy ordinance, and making Gods wayes con- 
temptible and ridiculous, that every such person or persons, 
(whatsoever censure the Church may passe,) shall for the 
first scandal] bee convented and reproved openly by the 
Magistrates at some Lecture, and bound to their good be- 
havoour. And if a second time thy breake forth into the 
like contemptuous carriages, they shall either pay five 
pounds to the publique Treasure or stand two houres open- 
ly vpon a block or stoole foure foott high vppon a Lecture 
day, with a paper fixd on his Breast, written with capitalle 
letters, AN OPEN AND OBSTINATE CONTEMNER 
OF GODS HOLY ORDINANCES, that others may 
feare and bee ashamed of breaking out into the like wick- 
ness. 

It is Ordered, and decreed by this Court, and authority 
thereof; that wheresoever the Ministry of the word is es- 
tablished according to the order of the Gospell throughout 
this Jurisdiction, every person shall duely resorte and at- 
tend thereunto respectiuely vppon the Lords day, and vppon 
such publique Fast days, and days of Thanksgiving, as are 
to bee generally kept by the appointment of Authority: — 
And if any person within this Jurisdiction, shall without 
just and necessary cause, withdraw himselfe from hering 
the publique ministry of the word, after due means of con- 
viction used, hee shall forfeit for his absence from euery 
such publique meeting, five shillings : All such offences 
to bee beared and determined by any one Magistrate of 
more, from time to time. 

fforasmuch as the peace and prosperity of Churches and 
members thereof, as well as ciuill rights and libberties, are 
carefully to be maintained, 

It is ordered by this Courte and decreed, that the civill 
authority heere established, hath power and liberty to see 
the peace, ordinances, and rules of Christe, bee obserued in 
euery Church, according to his word : As allso to deal with 
any Church member in a way of ciuill justice, notwithstand- 



CONNECTICUT. 109 

ing any church relation, office, or interest, so it bee done 
in a ciuiil and not in an Ecclesiastical! way, nor shall any 
Church censure, degrade, or depose any man from any 
ciuiil dignitye, office or authority, hee shall have in the com- 
monwealth.* 

October, 1652. 

It is ordered, that notice shall be given to the Sachems 
of the Indians within this Jurisdiction, that no Indian shall 
walke or come neare vnto, or among any Englishmen's 
howses in townes or ffarmes, or either side of the river, or 
elsewhere, vppon the Lord's day, except it be in theire ne- 
cessary way of recourse to thepublique preaching of God's 
word, vppon penalty of ffyne, or imprisonment, as any one 
magistrate or more, before whom such offendors shall be 
brought, shall judge meet, and as the nature of their fact 

3 ' Jo ' 

shall appeare to him or them to deserue. 

A General Court in Hartford, tli 6th of April, 1654. 

It is also ordered, that, whatsoever Barbados liqvors com- 
monly called Rum, Kill-Divell, or the like, shall be landed 
in any place of this Jurisdiction, or any parte thereof, sould 
or drawne, in any vessell lying in any harbour or Roade in 
this commonwealth, after the publication of this order, 
shall bee all forfeited and confiscated to this Common wealth ; 
and it shall be lawfull for any person within this Jurisdic- 
tion, to make seazory thereof, two third parts to belong to 
the publiqve Treasury and the other to the party seazing. 
And it is also further ordered, that every Ankor of liqvor 
that is landed in any place within this Jurisdiction, shall 
pay to the public Treasury ten shillings, and every butt of 
Wine, forty shillings, or Hogshead of Wine, Twenty Shil- 

* This is one of the laws, contained in the code, compiled by Roger 
Ludlow, Esq., who in 11) li), was employed by the Legislature to compile 
a body of laws fur the Colony of Connecticut, which he completed in 
1G50. 

10 



110 BLUE LMVS OF 

lings, or qvarter Cask, Ten Shillings, whether they are full 
or noe. This order repealed, March 11th ff. 

June loth, 59. 

*Mr. Willis is requested to goe downe to Seabrook, to 
assist ye Major in examininge the suspitions about Witche- 
ry, and to act therein as may be requisite. 

May, 16G0. 

This Court doth order, that noe man or woman, within 
this Coll. who hath a wife or husband in forraigne parts, 
shal live here above two years, vpon penalty of 4Qs. pr. 
month, vpon every such offender, and any that haue bene 
aboue 3 years already, not to remaine within this Col. aboue 
one yeare longer, vpon the same penalty, except they haue 
liberty from ye Gen. Court. 

May 1662— A Gcnerall Court. 

This Court orders, that the Bible that was sent to good- 
wife Williams, be by Serg't John Not, delivered to good- 
wife Harrison, who engageth to this Court to give vnto ye 
children of ye said Williams a Bushel of Wheat a peice, as 
they shal come out of their time ; and John Not doth en- 
gage to give each of ye children 2 shillings a peice, as they 
come out of their time, to buy them Bibles, and John Not 
hath hereby power granted him, as is ordered, to dispose of 
ye rest of ye books to ye children of the said Williams. 

August, 1663. 

This court being sensible of the great inconueniency that 
may come to the members of this Colony, by Indians walk* 
ing up and down the towns in the night season, to buy 
liquers, doe order, that whatsoeuer Indian shall be found 



* Maj ' r John Maso n . 



CONNECTICUT. Ill 

walking up and down in any towne in this corporation, after 
the day light shutting in, except he giue sufficient reasons, 
shall forfeit twenty shillings ; fifteen to the publiqe treasury, 
and hue to the person or persons complaining, or proueing 
the same, or else be seuerely whipt six stripes at least ; and 
any one Assistant or Commissioner hath power to hear and 
issue any such complaint, and if any Indian shall be found 
in the night season, transgressing this order, the Assistant 
or Commissioners, or any one of them may secure them, by 
setting a watch vpon them, or by committing them to prison 
for a try all, ye next sitting oppertunity : this to be publish- 
ed to the Indians, in, or about each townes. 

Oct. 1668. 

For easing the publique charge of the jurisdiction, This 
Court ordereth this as a meet allowance to every town, to- 
wards the charge of Deputies, leaueing each seuerall town 
their liberty, to send one or two euery session of the Gen- 
erall Court, according to Charter. 

To Hartford, one pownd five shillings. 

To Wethersfield, one pownd ten shillings. 

To Windsor, two pownds. 

To Middletown, two pownds. 

To Farmington, two pownds. 

To Fayerfield, two pownds fifteen shillings. 

ToNorwalk, two pownds fifteen shillings. 

To Rye, three pownds. 

To Haddam, two pownds. 

To New London, two pownds fifteen shillings. 

To Lyme, two pownds fifteen shillings. 

To New Hauen, two pownds tenn shillings. 

To Saybrooke, two pownds tenn shillings. 

To Guilford, two pownds tenn shillings. 

To Norwich, two pounds tenn shillings. 

To Brandford, two pownds tenn shillings. 

To Stamlford, three pownds, 



112 BLUE LAWS OF 

To Ken il worth, two pownds term shillings. 
To Milford, two pownds tenn shillings. 
To Stratford, two pownds twelve shillings. 
To Stonington, two pownds fifteen shillings. 
To Greenwich, three pownds. 

For one session, which is for the two Courts yearly, one 
hundred and seuen pownds fower shillings. 

Oct. 1678. 

Whereas there is notice taken of some people that doe 
frequent the meetings of the Indians at their meetings, and 
dances, and doe allso joyne with them in their plays, by 
wagering of their sides, which doth too much countenance 
them in those fooleries, if not encourage them in their Divill 
worship, for some, acquainted with their customs, doe say 
their exercises at such times, is a principle part of the wor- 
ship they attend : for the prevention whereof, this court doe 
forbid all persons in this Colony from countenancing the 
Indians in such meetings, by being present there, upon the 
penalty of forty shillings for euery breach of this order, 
and whosoeuer shall joyne with them in any playes, then 
vsed by the Indians, by playing, abetting, or layeing any 
wager concerning the running or falling of the game, at 
any such playes, shall forfeit the sume of ten pownds, the 
one halfe of each forfeiture to be to the complayner, the 
other to the County Treasury : and whosoeuer shall not be 
able to pay his fine, he shall be corporally punished, at the 
discression of the County Court, where such case shall be 
tryed. 

General Court at Hartford, Oct. 1GT8. 

John Wheeler being complayned of for contemptous car- 
riage toward the County Court at New London, Sept'r last, 
in saying to the Court, in open Court, what doe you sitt here 
to pick men's pockets, the Court haveing considered the 
case, doe adjudg the sayd Wheeler to pay a fine of five 



COXNECTICTT. 113 

pounds for his miscarriage, and to be committed, and con- 
tinued in prison, till he hath payd the sayd sume, or given 
sufficient security, to the satisfaction of the Treasurer, for 
the payment of the same. 

At a Court of Election held at Hartford, May 11, 16" 6. 

Whereas, notwithstanding former provision made for the 
due observance of the Sabboth, it is observed that by sun- 
dry abuses the Sabboth is prophaned, the ordinances ren- 
dered unprofitable, which threatens the rooteing out of the 
power of godliness, and the procureing of the wrath and 
Judgments of God upon us and o'r posteritie, for prevention 
whereof, it is ordered by this Court, that if any person or 
persons henceforth, either on the Saturday night, or on the 
Lord's day night, though it be after the sun is sett, shall be 
found sporting in the streets or fields of any Town in this 
Jurisdiction, or be drinking in houses of pub. entertein- 
ment or elsewhere, unless for necessity ; every such person 
so found, complayned of, and proved transgressing, shall pay 
ten shillings for every such transgression, or suffer corporall 
punishment for default of due payment; nor shall any sell 
or draw any sort of strong drinke, at any time, or to be 
used in any such maner, upon the like penalty for every 
default. 

It is also farther ordered that no servill woike shall be 
done on the Sabboth, viz. such as are not workes of piety, 
charity or necessity, and no prophane discourse or talke, 
rude or unrcverent bchavioure shall be used on that holy 
day, upon the penalty of ten shillings fine for every trans- 
gression hereof, and in case the offence be circumstanced 
with high handed presumption as well prophanesse, the 
penalty to be augmented at the discression of the Judges. 

Widdow Coalman is permitted to transport seven pounds 
worth of corn to Boston on Mr. Celtcher's Sloope. 

Whereas the reading of the scripture, cattechizeing of 
children, and davlv prayer, with giving of thankes, is part 

10* 



114 BLUE LAWS OF 

of God's worship, and the homage due to him to be attended 
conscientiously by every Christian family to distinguish 
them from the Heathen whoe call not upon God, and the 
neglect of it a great sin, provoaking to God to power forth 
wrath on such Famalyes or persons for redress whereof 
wher any such neglect may be found, this Court doe sol- 
emnly recommend it to the ministry in all places, to looke 
into the state of such famalyes, convince them of, and in- 
struct them in their duty, and by all due means incourage 
them, that none may be found among us utterly ignorant 
and prophane ; and the townsmen are to inquire after such 
famalyes, and assist the ministry for the reformation and eud- 
ication of the children in good Litterature and the knowledge 
of the scripture according to good lawes allready provided; 
but if any heads or governors of such famalyes shall be 
obstinate and refractorie, and will not be reformed, that the 
Grand Jury present such persons to the County Court, to 
be fined, or punished, or bound to good behaviour, accord- 
ing to the demerritts of the case. 

Whereas it is observed that young persons getting from 
under the goverment of parents or masters before they are 
able to govern themselves, which early liberty hath, or may 
be an occasion of many evills and inconveniences, and hath 
moved this court seriously and heartily to recommend it to 
the select men of the severall plantations, to be careful to 
prohibit, and not to grant liberty to unmeet persons to en- 
tertain Borders or sojourners ; and it is also ordered by this 
Court, that all such borders or sojourners as doe live in 
famalies as such shall carefully attend the worship of God, 
in those famalyes where they board or sojourn, and be sub- 
ject to the domesticall goverment of the said famaly, and 
shall be ready to give an account of their actions upon all 
demands, upon the penalty of forfeiting of five shillings for 
every breach of this order, and that no children shall be at 
liberty to dispose of themselves upon pretence of lawful! 



CONNECTICUT. 115 

age, without the parents consent, and approbation of the 
authority of the place. 

In order to prevent the increase of Druncknesse. Upon 
complaynt of abuses that are groweing upon us by the re- 
taylors of Wine and Li'rs, this Court doe order that hence- 
forth no person or persons shall retaile any less quantity 
than an anchor of drink at a time, without speciall lycenss 
from Assistant or Commissioner, the same not to be deliver- 
ed at severall times, or in severall parcells out at one time, 
except such as are allowed thereto by the County Courts, 
upon the penalty of twenty shilling forfeiture for every time 
that any person shall be fownd legally convicted thereof, 
any law, custome or usage to the contrary notwithstanding ; 
and this Court do order and command all Constables, Grand 
Jury men to take care, and to make dilligent serch for all 
transgressors of this order, and to make due presentment 
of those that shall be fownd transgressors, to the next aw- 
thority. 

It is also ordered by this court and the authority thereof, 
that the select men with the constables of each Town in 
this Colony, shall be and are hereby required to take speciall 
care and notice of all and every person and persons fre- 
quenting publique houses where Wine and Liq'rs, Cyder and 
Strong beere is sold, and spending their precious time 
there, and thereupon to require him or them to forbeare 
frequenting such places ; and if after that, any such person 
shall be fownd in such place, and be legally convicted 
thereof, he shall forfeit five shillings, or sit in the stocks 
one hower for every such offence, and the select men and 
constables shall give notice to the keepers of such houses 
of entertainment, that they suffer not such noted person in 
any of their houses, upon penalty of twenty shillings for 
every such defect ; all such fines to be paid to the county 
treasurie. 

Whereas it is observed that the sin of uncleannesscdoth 
increase amount us, this Court doth recommend it to the 



116 BLUE LAWS OF 

ministers of Justice in the several! Countys of this Colony 
to beare such due testimonie against such wickedness ac- 
cording to law, that (if it be God's holy will) such sin and 
wickedness may be prevented. 

Whereas excess] in apparel amongst us is unbecoming a 
wilderness condition and the profession of the gospell, 
whereby the riseing Generation is in danger to be corrupt- 
ed, which practices are testify ed against in God's holy 
word, it is therefore'ordered by this^Court and authority 
thereof, that what person soever shall wear Gold or Silver 
Lace, or Gold or SilverJButtons, Silk Ribbons, or other 
costly superfluous trimings, or any bone Lace above three 
shillings p'r yard, or^Silk Scarles, the List makers of the 
respective Townes are hereby required to assesse such per- 
sons so offending, (or their Husbands, parents, or masters 
under whose government they are) in the list of Estates at 
one hundred and fifty pound Estate ; and they to pay their 
Rates according to that proportion, as such men use to pay, 
to whom such apparell alowed as suitable to their Rank, 
provided this law shall not extend to any magistrate, or a 
like publique officer of this Colony, their wives or chil- 
dren, whoe are left to their discretion in wearing of ap- 
parell, or any setled military commission officer, or such 
whose quality and Estate have been above the ordinary de- 
gree, though now decayed. 

It is further ordered that all such persons as shall for the 
future make, or weave, or buy any apparell exceeding the 
quality and condition of their persons and Estates, or that 
is apparantly beyond the necessary end of apparell for cov- 
ering or comeliness, either of these to be Judged by the 
Grand Jury and County Court where such presentments 
are made, shall forfeit for every such offence ten shillings ; 
and if any Taylor shall fashion any garment for any child 
or servant contrary to the mind of the Parent or Master of 
such a child or servant, he shall forfeit for every such of- 
fence ten shillings. 



CONNECTICUT. 117 

This Court considering the enlarged goodness of God to 
his people in this wilderness, in appearing so gloriously for 
their help in subdueing their Enemies* in so good a meas- 
ure as he hath done, and his mercy in removing sickness 
from the land, in the comfortable and plentifull Harvest, 
that we have received, and the continuance of our privi- 
ledges and liberties, civill and ecclesiastical ; hath moved 
this Court to nominate and appoynt the first day of No- 
vember next, to be solemnly kept a day of publique thankes- 
giveing throwout this Colony to bless and prayse the Lord 
for his great mercy towards us, with prayer, that the Lord 
would help us in our lives and wayes to walke answerable 
to his abundant mercyes. 

Whereas there is notice taken of some people that doe 
frequent the meetings of the Indians, theire meetings and 
dances, and doe allso joyne with them in their playes by 
wagering of their sides, which doth too much countenance 
them in those fooleries, if not encourage them in their 
Devill worship, for some acquainted with their customes 
doe say their exercises at such times is a principal part of 
their worship they attend ; for the prevention whereof, this 
Court doe forbid all persons in this Colony from counte- 
nancing the Indians in such meetings by being present 
there, upon the penalty of forty shillings for every breach 
of this order ; and whosoever shall joyne with them in any 
playes there used by the Indians, by playing, abetting, or 
layeing any wager concerning the running or falling of the 
game at any such playes, shall forfeit the sume of ten 
pounds, the one halfe of each forfeiture to be to the com- 
playner, the other to the County Treasury, and whosoever 
shall not be able to pay his fine, he shall be corporally 
punished, at the discressioD of the County Court where 
such case shall be tryed. 

1641. — For preventing and avoiding that foule and gross 



* Alluding to the successful termination of the late Indian War. 



118 BLUE LAWS OF 

sin of lying, h is ordered that when any person or persons 
shall be accused and proved guilty of that vice, it shall bee 
lawfull for the particular Courte to sentence any such party, 
either by ffyne or bodily correction — (this to hold to the 
next Courte.) 

1642. — The Goernour, Mr. Haynes, Mr. Hopkins, Mr. 
Welles and Mr. Phelps, are desired to consider with the 
Elders consearning the fynns of cursing Father or Mother, 
Jncorrigibleness, ravishment, contempt of ordinances, Ly- 
ing and Breach of promise, and make some Laws against 
them, and present them to the next Gen'l Courte. 

1G50. — Mr. Clark of Windsor is propounded by the 
Deputies of that Town, to be in nomination for a Magis- 
trate, at the next Court of Election. 

Whereas it doth appear to this Court that those Towns 
that are more remote, are at more greater charge in bring- 
ing the corn of their Towns for the ordinary country rates-, 
than those Towns or persons that are nearer to the Treasu- 
rer place or places of payment, as occasions shall require : 
It is ordered by this Court, that for such corn as Windsor 
shall pay to the rates afores'd, bring down to Hartford in 
corn, they shall be allowed two pence in the bushel, and for 
what they carry to Weathersfield, three pence per bushel 
extra — Farmington, three pence, and if carried far. then 
a reasonable satisfaction. 

|651— The Gov'r, Mr. Culluck and Mr Clark, are desi- 
red to go down to Stratford to keep Court upon the trial of 
Goody Bassett for her life, and if the Gov'r cannot go, then 
Mr Welles is to go in bis room. 

1651 — Thomas Thornton affirmed in Court, that it was 
reported there was 100 beeves killed in Fairfield last year. 

This Court appoints lieutenant Robert Sealy to be chief 
military officer in Huntington, to exercise their trained 
soldiers. 



CONNECTICUT. 11$ 

The following is an extract from a Journal of a Dutch 
Traveller up the Connecticut River, in 1(338, to Hartford, 
and for a short time was at the fort, then located at what 
is now called Dutch Point, at the mouth of Little River, 
at the South East corner of the City of Hartford when 
the fort was manned and armed about two centuries since, 
which has been translated from the original Dutch Journal, 
in the Philadelphia Library. 

Third Voyage to New Netherlands (now New York) in 
Order to erect a Colonie on Staten Island, — for me and 
Frederick Vries, Secretary of the City of Amsterdam, and 
Director of the West Indian Co. 

: Ad. 1G38, Sept. 25. On board of the ship of the West 
Indian Co. sailed from Holland — Dec. 20, got sight of sand 
pint (sandy point) the Capt'n imagining to see the land 
covered with snow, wanted to go to the West Indies to past 
the winter and return there against Spring. I told him 
that he certainly could enter into South River, but he hav- 
ing onely a very imperfect chart, did not know that such 
River existed. Hee then at the request of the passengers 
who all had their home in the new Netherlands, solicited 
me to pilot his ship, in which I did, and anchored yet the 
same evening before Staten Island, which was my property 
— and put my people on shore. 

In the morning of the 27th, we anchored opposite the 
fort, where we were received with much joy, as they did not 
expect to see a vessel in that time of the year. I found 
now there a Governor named William Krift. He bid me 
welcome, and invited me in his house — 1639, Jan'y 5. 

Send my people to Staten island to commence the Colo- 
nie and buildings. June 4th, went northward with a yacht 
up the Versche river (I suppose the Connecticut River) 
where the West Indian Co. possesses a small fort called 
hrcys dc Hoop, (the house the hope) and anchored about 
evening in the caster haven, being a large and commodious 
haven on the north of long island ; this Haven is in the 



120 BLUE LAWS OF 

island, where it is upwards of two miles wide. We found 
fine oysters there also. The dutch call it the Oyster Bay, 
or haven. We arrived the next evening on Rhodabero-h, a 
fine haven, and found that the English were building a fine 
town, having already erected upwards of 300 houses, and 
fine church. In the morning of the 7th, we came oppo- 
site de Vcrsche River, we went up the river and arrived at 
the 9th with my yacht at the fort het hues de hoop, where 
we found one Gyslert Van Dyek, as commander, with 14 
or 15 soldiers. This fort is situated near the river and a 
small Kreek, forming there a fall, the English had also be- 
gan to build here a town, against our will, and had already 
a fine church, and more than 100 houses erected. The 
commander gave me Orders to protest against their pro- 
ceedings — he added that some of his soldiers had prohibi- 
ted them to put a plough in the ground, being it our land 
that we had bought of the Indians and payed for it — but 
they opposed them, and had gave a drubbing to the sol- 
diers. When I came at the settlement the English Gov- 
ernor invited me to dinner. I told him during dinner that 
he acted very improper to take the lands of the Co. which 
were bought and payed for by them. He answered me 
that these lands were laying uncultivated, that we had been 
here already several years, and nothing was done to im- 
prove the ground, that it was a sin to leave such valuable 
lands uncultivated, that such fine crops could be raised of 
them, that they had now already built three towns on this 
river in which abundance of Salmon was (etz.) 

The English here live sober. They drink only three 
times every meal, and those that become drunk are whipt 
on a pole as the thieves in Holland. 

Our traveller speaks here a great deal of the via-erous 
conduct of the British in that settlement, it was with diffi- 
culty that he, the servant of the minister who had been 
tipsey, got free from being whipt — during he was there, 
a young man who had been married 2 months, was accused 



CONNECTICUT. 121 

before the elders of the Church by his brother, that he had 
slept with his wife before marriage, they were imprisoned 
and both whipped, and during the time of 6 weeks sepera- 
ted from one another, perhaps if the fellow had been able 
to make akers of good ground with its girl, instead of chil- 
dren, they would have been only punished in forfeiting 
their increase. 

BLUE LAWS. (PETERS, &C.) 

1. The Governor and Magistrates convened in general 
Assembly, are the supreme power under God of this inde- 
pendent Dominion. 

2. From the determination of the Assembly no appeal 
shall be made. 

3. The Governor is amenable to the voice of the people. 

4. The Gov'r shall have only a single vote in deter- 
mining any question ; except a casting vote, when the As- 
sembly may be equally divided. 

5. The Assembly of the people shall not be dismissed 
by the Governor, but shall dismiss itself. 

6. Conspiracy against this dominion shall be punished 
with death. (Re-enacted in 1655.) 

7. Whoever says there is power and jurisdiction above 
and over this Dominion, shall suffer death and loss of prop- 
erty. (Re-enacted 165(3.) 

8. Whoever attempts to change or overturn this Domin- 
ion, shall suffer death. (Also 1655.) 

9. If any person turns Quaker, lie shall be banished 
and not suffered to return upon the pain of death. 

10. * No Priest shall abide in this Dominion: he shall 
be banished, and suffer death on his return. Priests may 
be seized by any one without a warrant. In force before 
1656. 



* Priest, as here used, refers to those of the Catholic order, as no other 
clergymen ut that lime bore the title of Priest, 

11 



122 TitVB LAWS OF 

11. Men stealers shall suffer death. (Re-enacted in 1665.) 

12. Whoever sets a fire in the woods and it burnes a 
house, shall suffer death ; and persons suspected of this 
crime shall be imprisoned without benefit of bail. 

13. Adultery shall be punished with death. (Re-enacted 
in 1665.) 

14. The Judge shall determine controversies without a 
Jury. 

15. * No one shall be a freeman or give a vote unless he 
be converted, and a member in full communion of one of 
the churches allowed in this Dominion. 

16. No man shall hold any office, who is not sound in 
the faith, and faithful to his Dominion ; and whoever give3 
a vote to such a person, shall pay a fine of £\ ; for a sec- 
ond offence, he shall be disfranchised. 

17. Each Freeman shall swear by the blessed God, to 
bear true allegiance to this Dominion, and that Jesus Christ 
is the only King. (Before 1656.) 

18. No Quaker or dissenter from the 'established wor- 
ship of this Dominion, shall be allowed to give a vote for 
the election of Magistrates or any officer. 

19. No food or lodging shall be afforded to a Quaker, 
Adamite, or other Heretic. 

20. No one to cross a river, but with an authorized fer- 
ryman. (Barber.) 

21. No one shall run on the sabbath day, or walk in his 
garden, or elsewhere, except reverently to and from meet- 
ing. (Barber.) 

22. No one shall travel, cook victuals, make beds, sweep 
house, cut hair or shave, on the sabbath day. (Barber.) 

23. No woman shall kiss her child on the sabbath or 
fasting day. (Barber.) 

24. The sabbath shall begin at sun set on Saturday. 



This law was never enacted or in force in the Conn. Colony. 



CONNECTICUT. 123 

25. To pick an ear of corn growing in a neighbours 
garden, shall be deemed theft. 

26. A person^accused of trespass in the night shall be 
judged guilty, unless he clear himself by his oath. 

27. When it appears that an accused has confederates, 
and he refuses to discover them, he may be racked. 

23. No one shall buy or sell lands without permission of 
the selectmen. 

29. A drunkard shall have a master appointed by the 
selectmen, who are to debar him from the liberty of buy- 
ing and selling. 

30. Whoever publishes a lie to the prejudice of his 
neighbor, shall sit in the stocks, or be whipped fifteen 
stripes. (Various acts upon this subject.) 

31. No minister shall keep a school. (Barber.) 

32. Every rateable person, who refuses to pay his pro- 
portion to the'support of the minister of the town or Pa- 
rish, shall be fined by the Court £2, and <£4 every quarter, 
until he or she pay the rate to the minister. (Other acts 
to enforce collection of parochial taxes.) 

33. Wlioever wears clothes trimmed with gold, silver, or 
bone lace, above two shillings by the yard, shall be present- 
ed by the grand jurors, and the selectmen shall tax the 
offender at c£'300 estate. (Several acts governing the at- 
tire of the subjects.) 

34. A debtor in prison, swearing he has no estate, shall 
be let out and sold to make satisfaction. (Altered in 1656.) 

35. Whoever brings cards or dice into this dominion, 
shall pay a fine of <£5. (Barber.) 

36. No one shall read common prayer, keep Chrismas, 
or Saints days, make minced pies, dance, play cards, or 
play on any instrument of music,"except*the drum, trumpet 
and jews harp. (Barber.) 

37. No Gospel minister shall join people in marriage. 



124 BLUE LAWS OF 

The magistrates only shall join in marriage, as they may 
do it with less scandal to Christs Church.* (Barber.) 

38. When Parents refuse their children convenient mar- 
riages, the magistrates shall determine the point. Re-en- 
acted with alterations. 

30. The Selectmen finding children ignorant, may take 
them from their Parents and place them in better hands, at 
the expense of their parents. Record. 

40. Fornication shall be punished by compelling mar- 
riage, or as the Court may think proper. Record. 

41. A wife shall be deemed good evidence against her 
husband. 

42. Married persons must live together, or be imprisoned. 

43. No man shall court a maid in person or by letter, 
without first obtaining consent of her parents ; <£'5 penalty 
for the first offence ; c€10 for the second ; and for the 
third, imprisonment during the pleasure of the Court. 

44. Every male shall have his hair cut round according 
to a cap. f (Barber and Peters.) 

45. A man that strikes his wife shall be fined <£10. A 
woman that strikes her husband, shall be punished at the 
Courts discretion. 



It is said by Peters in his History of Connecticut, that 
these Laws were the Laws made by the people of New 
Haven, previous to their incorporation with Saybrook and 
Hartford Colonies, and as he says, was verry properly term- 

* October, 1G94. — This court doe for the satisfaction of such as are 
conscienciously desireous to be marryed by the ministers of their planta- 
tions, doe grant the ordyned ministers of the several! plantations in this 
colony, liberty to joyne in marriage such persons as are qualified for the 
same according to law. 

t A cap to go round the head was used, drawn close to the head, and 
the hair then cut by the cap. A pumpkin severed in the middle and pla- 
ced on the head was of.cn used as a substitute for the cap in the season 
of them, as tradition says. The Levitical Laws forbid cutting the 
hair, or rounding the head. 



CONNECTICUT. 125 

ed blue Laws, ie. bloody Laws, for says he,* they were all 
sanctified with ex-communication, confiscation, fines, ban- 
ishment, whipping, cutting off the ears, burning the tongue, 
and death. He farther adds, that this code of Laws, de- 
nominated Blue Laics, by the neighboring Colonies, were 
never suffered to be printed. This is about all the^evi- 
dence extant, that these were ajoart "of the Blue Laws, or 
that a code of Blue Laws ever existed, and which, I confess, 
from the general character of his history of Connecticut, I 
do not very much rely upon it for its correctness. Barber 
has also apart of the same Laws in his late History of Con- 
necticut, who, I conclude, has little or no better evidence to 
prove them the Blue Laws of Connecticut than his depend- 
ence upon Peters for the fact. As Peters wrote his history af- 
ter Gov. Eaton's code of Laws, and as many of the blue laws 
published by him, are similar to those in several instances 
formed or compiled by Eaton, and as there is no record of 
many of those Laws published by Peters, I have been jeal- 
ous at least, that those which are similar to Eaton's Laws, 
were taken by Peters from Eaton's code, and then added 
some disgraceful laws, to stigmatize the inhabitants of the 
Colony, which appears to have been his object throughout 
his whole history. But still, I have treated the laws pub- 
lished above, as being of a more ancient date than the code 
by Eaton, and yet I give little credit to them except where 
they agree with the Laws of Eaton, or the Colony Record. 

BLUE LAWS OF N. HAVEN COLONY. 

The following ancient Laics of the N. Haven Colony, are 
the Laws to which I referred in the Preface of this work, 
(as the Blue Laws, if such laws were ever extant in ei- 
ther of the Colonies.) They arc a brief compilation of 
Gov. Eaton's Code. 
1. If any woman change the natural use into that which 

is against nature, (as Rom. 1 ; 2f>,) she shall be put to 

death. Jade 7. (1656.) 

11* 



120 BLUE LAWS OF 

2. O****** shall be punished with death if the case con- 
sidered with the aggravating circumstances, shall accord- 
ing to the mind of God revealed in his word, require it. 
Gen. 38; 9. (1G5G.) 

3. If any man married or single, commit Adultery with 
a marryed or espoused wife, the Adulterer and Adulteress 
shall surely be put to death. Lev. 18 ; 20. Lev. 20; 10. 
Deut. 23 ; 24. (Re-enacted 1656.) 

4. If any person steale a man, or mankind, that person 
shall surely be put to death. Exod. 21 ; 16. (Re-enacted 
1655.) 

5. If any person conspire and attempt any invasion 
against this jurisdiction, he shall be put to death. Num. 
16; 2. Rom. 32. Sam. 18; 2. Sam. 20. (Re-enacted 
1656.) 

6. If any person knowing of such conspiracy, shall con- 
ceal it 24 hours, he shall be put to death. (1656.) 

7. If any child above 16 years old, shall curse, or smite 
his, her, or their parents, such child or children, shall be 
put to death. Exod. 21 ; 17. Levit. 20; 9. Exod. 21 ; 
15 ; unless it be proved that the Parents have been verry 
unchristianly negligent in the education of such child, &c. 
(Eaton.) 

If any man rauish a maid or single woman, above the 
age of ten years, and commit the crime by force, he shall 
be severely and grievously punished as the Court of Magis- 
trates shall determine, (1656.) 

9. If any person commit Burglary, or rob any person, 
he shall be branded on the right hand with the Letter B — - 
for 2nd offence, shall be branded on his left hand, and 
whipt, and for the third offence, he shall be put to death, 
Judg. 18 ; 7. 

10. If any person shall commit Burglary, or rob on the 
Lord s day , he shall be burned and whipt, and for a second 
offence, he shall be burnt on his left hand, whipt, stand on 
the Pillory, and wear a halter in the day time, visibly about 



.»i^W HAVEN COLONY. 127 

his neck. And for the third offence, shall suffer death. 
Zech. 13 : 6. 1655. 

11. All thieves unable to make restitution, shall be sold 
in service thereof. Exod. 22 : 1 to 5. (re-enacted, 1656.) 

12. If any man, after due conviction, shall have, or wor- 
ship any other God but the Lord God, he shall be put to 
death. Lev. 24: 15, 16. 

13. If any person be a witch, he or she shall be put to 
death. (Re-enacted 1655.) 

14. If any person be a Blasphemer, he shall be put to 
death. 1656. 

15. If any person commit wilful murder, he shall be put 
to death. Exod. 21 : 12, 13. Num. 35 : 31. 

16. If any one slayeth another suddenly, in anger, he shall 
die. Levit. 24: 17. Num.35: 16, 17. 1656. 

17. If any one slayeth by poison, or other wicked prac- 
tice, he shall be put to death. Deut. 9 : 19. 1656. 

18. If any man or woman lye with any beast, by carnal 
copulation, he or she shall be put to death, and the beast not 
to be eaten. Levit. 20 : 15, 16. 1656. 

19. If a man lyeth with a man, as a man lyeth with a wo- 
man, both shall be put to death. Jude 7. 1655. 

20. If any person bring an action, suit or complaint in 
his own name, without cause or action — he shall be fined 
40s. to be paid into the Plantation Treasury. 

21. Every person in this Jurisdiction, according to the 
mind of God, shall duly resort and attend worship upon the 
Lord's days <d hast, and upon public Fasting, or Thanks- 
giving days, and if any person, without just cause, absent, 
or withdraw from the same, he shall for every such sinful 
miscarriage, forfeit five shillings. 1656. 

22. All the people of God within this Jurisdiction, who 
are not in church way, being Orthodox in Judgment, shall 
have liberty to gather themselves into a church Estate. 
(1656.) 

•Z-\. No Man shall be admitted to the freedom of this Ju- 



128 BLUE LAWS OF 

risdiction, who is not a Member of some Church in New 
England, approved by the Magistrates and Churches of this 
Colony. (N. Haven Colony Laws, 165G.) 

24. If cause be, by perverseness or negligence of men, 
the particular Court in each Plantation, shall call the In- 
habitants before them, to set down what proportion he is 
willing and able to allow yearly, (while God continue his 
Estate,) for the maintainance of the Ministry. But if any, 
to the discouragement or hindrance of the work, refuse to 
set down an unmeet proportion, in such case, the Court 
shall rate and assess every such person, according to his 
estate, with due moderation. 1656. 

25. If any man have a stubborn, rebellious Son of 16 
years old, who will not obey the voyce of his Father or 
Mother, and being chastened, will not hearken unto them, 
then shall his Father and his Mother, lay hold on him, and 
bring him to the Magistrates assembled in Court, and tes- 
tefie unto them, that their son is stubborne and rebellious, 
and will not obey their voyce, but lives in sundry crimes : 
Such a son shall be put to death. Deut. 21 : 18, 19, 20, 
21. (Enacted, 1656.) 

26. If any swine, or greater cattcl, be found in the woods 
unmarked, they shall be liable to poundage. (1656.) 

27. It is ordered, that the Deputies for the particular 
Court in each plantation, shall keep a vigilant eye over 
their neighbours, that they employ school-masters, that their 
children and apprentices may, through God's blessing, at- 
tain at least, so much as to read the scriptures, and other 
good printed books. 1656. 

28. Prophane swearing and cursing, shall be punished 
by whipping, and stocks. Hosea 4 : 1,2. 

Whosoever shall prophane the Lord's day, or any part of 
it, by work or sport, shall be punished by fine, or corporal- 
ly. But if the Court, by clear evidence, find that the sin 
was proudly, presumptuously and with a high hand, com- 
mitted against the command and authority of the blessed 



NEW HAVEN COLONY. 129 

God. Such person therein despising andjeproaching the 
Lord shall be put to death. Num. 15 : from 30 to 36 verse. 
(1656.) 

30. Forgery shall be punished in this Jurisdiction, by the 
offenders standing on the Pillory three severall Lecture days 
or other days of more publick resort, as the Court shall ap- 
point, with double damages to the party wronged, and be 
disabled as a witness. (Endicott's Code.) 

31. Fornicators, They shall be punished, either by cn- 
joyning marriage, or fine, or corporall punishment, or all, as 
the Court shall judge most agreeable to the word of God. 
Exod. 22 : 16, 17. Enacted, 1656. 

32. No man's person shall be imprisoned, either forffine 
or debt to this Jurisdiction, or particular person, if estate 
doe appear, unless contempt, or other'proud and offensive 
behavior against the Court, or any Authority here settled, 
be mingled with his cause, if so, he may be imprisoned, at 
his own charge. Ezra 7: 26. Enacted, 1656. 

33. If any person commit Incest, he shall be put/to death, 
Levit. 20 : 11, 12, 14, 17, 19, 20, 21. (1656.) 

34. Any man may, that will, sell beere or ale r out of 
doors, at a penny a quart or cheaper. (1655.) 

35. No person within this Jurisdiction shall sell any 
Wine, strong water, or Beer, to an Indian, under the penal- 
ty of 5s. for the first offence, 10s. for the second offence — 
and the third, to be fined at the discretion of the Court. 
(1656.) 

36. If any person above the age of fourteen years, shall 
willingly make and publish any lye, which may be perni- 
cious to the publick weale — The offender shall pay to the 
Plantation, as it is a sin against God, for the first offence 
iOs., and for the second offence 20s., and if unable to pay, 
he shall be committed to the stocks; for the first, one hour, 
for the 2nd, four hours, and if he offend the 3rd time, lie 
shall be publickly whipt, and may be bound over to tho 



130 BLUE LAWS OF 

Court of Magistrates. (Re-enacted, 1056, with altera- 
tions.) 

37. All who shall take excessive wages for work, or un- 
reasonable prises for commodities, every such person shal 
be punished by fine, or imprisonment, as the court shall 
Judge meet. (1656.) 

38. If any man shall kiss his wife* or wife kiss her hus- 
band on the Lord's day, the party in fault, shall be punish- 
ed, at the discretion of the Court of Magistrates. 

39. If any person rise up by false witnesse, willingly, 
and of purpose to take a man's life, that person shall be put 
to death. Deut. 19 : 16, 18, 19. (1656.) 

40. No man's life, shall be taken away, honour, or good 
name shall be stained, his person imprisoned, banished or 
punished, deprived of his wife or children, or property ta- 
ken, unless by virtue or equity of some express Law, estab- 
lished by the Gen'l Court, and published : and for want of 
a Law in any particular case, shall be judged by the word 
of God. 1656. 

41. All capitall causes, concerning life, or baneshment, if 
there is no expresse Law, shall be Judged according to the 
word and Law of God, by the Generall Courte. 1656. 

42. Two goodjwitnesses, of fair reputation, shall be re- 
quired to take life in all cases. 1656. 



Thus are compiled, all the ancient Laws that can under 
any circumstances be termed Blue Laws, as it embraces 
many of the Laws'compiled by Gov. Eaton, as well as those 
mentioned by Peters, and a few from the State Record. — 
The various Laws have been published as Blue Laws, such 
as, that beer was forbidden to be made on Saturday, to pre- 

* Tradition says a gentleman of New Haven, after an absence of 
some months, reached home on the Sabbath, and meeting his wife at his 
door, kissed her with and appetite, and for his temerity in violating this 
Law, the next day was arraigned before the Court, and fined, for so pal- 
pable a breach of the Law, on the Lord's day. 



NEW HAVEN COLONY. 131 

vent the commission of sin by its working'on the_ Sabbath, 
upon the penalty of flogging the barrel. — It has been reported 
as true, that in the early settlement of Virginia, squirrels 
were so numerous, they injured and often destroyed the 
fields of corn, and the outside Jrows* were usually entirely 
consumed — To prevent which, the Genl. Court soberly set 
themselves at work to remedy the evil — and therefore Or- 
dered that thereafter, no planter should have or plant any 
out side row in his cornfield. Many similar stories have 
been circulated against the early settlers in this country, 
most of which must necessarily have been false, particularly 
in the two cases here related, as the enaction of such laws 
evidently shew a want of common sense, and would be a 
charge against our ancestors they never merited. Though 
it is said every generation grows wiser, still I much doubt 
whether the sound common sense of the Puritan Fathers 
has been very greatly improved upon by any generation of 
men since. — They may have been bigoted, and fanatics in 
religion, but it is no evidence of a deficiency of common 
sense; for how often do we find men in this enlightened age, 
learned men of superior intellect, equally bigoted with any 
of the Puritans upon that subject. — Indeed fanaticism is the 
last and lowest evidence to be offered as proof of a deficien- 
cy of understanding ; for even at this day, look into our 
halls of Congress, and you find political fanatics upon 
both sides of the great questions agitated in this country, 
which approaches near to mono mania, and goes as far to 
prove their want of intellect, as does the bigotry of our an- 
cestors to prove theirs. Indeed fanaticism is no better evi- 
dence of imbecility of mind, than wealth is of the wisdom 
of its possessor. 

There was an ancient law in Massachusetts, *that ladies' 
dresses should be made so long as to hide their shoe buck- 

*Such a Law in lh<;se days, would improve the modesty of the ladies 

in this country. 



132 BLUE LAWS OF 

les, and in 1039 there was an Act of the General Court also 
prohibiting short sleeves, and requiring garments to be 
lengthened so as to cover the arms to the wrists, and gowns 
to the shoe buckles ; " immoderate great breeches, knots of 
ribin, broad shoulder bands, and they be, silk roses, double 
ruffs and cuffs." — In the same colony in 1653, 1. Fairbanks 
was tried for wearing gre <z£ boots, but was acquitted. These 
cases shew only the power of fashions over public opinion. 



I hereby certify that I have carefully and faithfully com- 
pared the following copy of" New Havens Settling in New 
England. And some Laws for Government," with the ori- 
ginal printed copy in the Library of the American Antiqua- 
rian Society, and that the same is correct. 

Christopher Columbus Baldwin, 

Worcester, Mass. Jan. 10, 1835. Librarian, 



NEW HAVEN'S 

SETTLING IN 

NEW ENGLAND. 

AND SOME 

LAWS fob GOVERNMENT: 

PUBLISHED FOR THE USE OF THAT COLONY. 

Though some of the Orders intended for present conve- 
nience, may probably be hereafter altered, and as need re- 
quired! other Lawes added. 



LONDON, 

^Printed by M. S. for Livewell Chapman, at the Crowne 
in Popes-head Alley, 1656. 

*ThisCode of Laws has not been published since 1G5G. and but two 
original copies are to be found in this country, of which the following is 
a true transcript, certified by C. C. Baldwin, Esq. (nowdeccas'd) the for- 
mer Librarian of the American Antiquarian Society in Worcester, 
Massachusetts. 



NEW HAVEN COLONY. 133 

NEW HAVEN'S 

SETTLING IN 

NEW ENGLAND. 
And some Laws fur Government, Sfc. 

It hath pleased the only wise and all sufficient God, who 
ruleth all the world, determines times, and sets the bounds 
of all mens habitations, but is the rich and pretious portion 
of them that fear and trust in him, at sundry times and upon 
weighty occasions, to bring several companies of his peo- 
ple, over the great deeps, into this part of America, called 
New England, a place far remote from their dear native 
country, and hath here planted, protected, and graciously 
provided for them. 

The first adventurers (before they had conveniency for 
travell, and opportunity to consider, and compare one place 
with another,) sate down Plymouth, and have had much ex- 
perience of Gods goodnesse and compassion in a wilder- 
nesse, now betwixt thirty and forty years. 

In some years after, the Lord bringing over more of his 
people, they planted in and about the Massachusetts Bay, 
and orew a large colony, and after them the English in 
Connecticut, and New Haven, for the conveniency of the 
Sea, and Rivers, planted more Westerly; and for a while 
continued, though united in Nation, Religion and affection 
yet otherwise severall and distinct Jurisdictions, free from 
any express Ingagement one to another — In this time the 
Enemy slept not, but was at work to disturb the peace of 
the English both in sowing Tares, within among themselves 
and stiring up the Indians, from abroad against them; but 
he that is wonderful] in counsell, and excellent in working, 
overpowered Satan, and his instruments and gave good is- 
sues to his people, in those their uncomfortable exercises. 

a while after, upon the motion of the Massachusetts Col- 
ony, a treaty was begun, and in processe of time, comforta- 
bly finished ; solemn covenants were agreed, and concluded 
betwixt the said Jurisdictions, in the following words. — 
12 



134 BLUE LAWS OF 

ARTICLES 

OF 

Confederation betwixt the Plantations uncle?' the 
Government of the Massachusetts, the Plantations 
under the Government of Plymouth, the 
Plantations under the Government 
of Connecticut, and the Govern- 
ment of New Haven, with 
the Plantations in com- 
bination therewith. 
Whereas we all come into these parts of America, with 
one and the same end and ayme, namely, to advance the 
Kingdom of our Lord Jesus Christ, and to enjoy the liber- 
ties of the gospel, in purity with peace; and whereas in our 
settling, (by a wise providence of God) we are further dis- 
persed upon the Sea Coasts and Rivers, then was first in- 
tended, so that we cannot (according to our desire) with 
convenience communicate in one Government, and Juris- 
diction ; and whereas we live encompassed with people of 
severall nations, and strange languages, which may hereaf- 
ter prove injurious to us, and our posterity : And for as- 
much as the natives have formerly committed sundry inso- 
lencies and outrages upon several plantations of the Eng- 
lish, and have of late combined themselves against us ; and 
seeing by reason of the sad distractions in England, which 
they have heard of, and by which they know we are hinder- 
ed, both from that humble way of seeking advice, and reap- 
ing those comfortable fruits of protection which, at other 
times, we might well expect ; we therefore doe conceive it 
our bounden duty, without delay, to enter into a present 
consolation amongst ourselves, for mutual] help and strength 
in all our future concernments, that as in nation, and Re- 
ligion, so in other respects, we be, and continue, one, ac- 
cording to the tenour and true meaning of the ensuing ar- 
ticles. 

1. Wherefore it is fully agreed and concluded by and 



New haven ^colony. 135 

between the parties, or Jurisdictions above named, and 
they doe joyntly and severally by these presents, agree and 
conclude,, that they all be, and henceforth be called by the 
name of the United Colonies of New England. 

2. The said United Colonies, for themselves and their 
posterities, doe severally and joyntly, and severally hereby 
enter into a firm and perpetuall league of friendship and 
amity, for offence and defence, mutuall advice and suc- 
cour, upon all just occasions, both for preserving and pro- 
pogating the truth, and liberties of the Gospel, and for 
their own mutuall safety and welfare. 

3. It is further agreed, that the plantations which at 
present are, or hereafter shall be settled within the limits 
of the Massachusetts, shall be forever under the govern- 
ment of the Massachusetts ; and shall have peculiar juris- 
diction amongst themselves, as an entire body ; and that 
Plymouth, Connecticut and New Haven, shall each of 
them, in all respects, have the like peculiar jurisdiction and 
government within their limits. And in reference to the 
plantations which already are settled, or shall hereafter be 
erected and shall settle within any of their limits respect- 
ively, provided that no other jurisdiction shall hereafter 
be taken in as a distinct head, or member of this confedera- 
tion ; nor shall any other, either plantation or jurisdiction 
in present being, and not already in combination, or under 
the jurisdiction of any of these confederates, be received 
by any of them, nor shall any two of these confederates 
joyne in one jurisdiction without consent of the rest; 
which consent to be interpreted, as in the sixt ensuing arti- 
cles is expressed. 

4. It is also by these confederates agreed, that the 
charge of all Just Wars, whether olfensive or defensive, 
upon what part or member of this confederation soever 
they fall, shall both in men, provisions, and. all other dis- 
bursements, be born by all the parts of this confederation, 
indifferent proportions, according to their different abilities. 



130 BLUE LAWS OF 

in manner following, namely : that the commissioners for 
each jurisdiction, from time to time, as there shall be occa- 
sion, bring a true account and number of all the males in 
each plantation, or any way belonging to, or under their 
several jurisdictions, of what quality or condition soever 
they be, from sixteen years old to three score, being in- 
habitants there. And that according to the different num- 
bers which from time to time be found in each jurisdiction, 
upon a true and just account, the service of men, and all 
charges of the War be born by the poll : each jurisdiction 
or plantation being left to their own just course and cus- 
tome, of rating themselves and people according to their 
different estates, with due respect to their qualities and ex- 
emptions among themselves, though the confederation take 
no notice of any such priviledge. And that according to 
the different charge of eacli jurisdiction and plantation, the 
whole advantage of the War, (if it please God to so bless 
their endeavours) whether it be in lands, goods, or persons, 
shall be proportionally divided among the said confeder- 
ates. 

5. It is further agreed, that if any of these jurisdic- 
tions, or any plantation, under or in combination with 
them, be invaded by any enemy whomsoever, upon notice, 
and request of any three magistrates of that jurisdiction so 
invaded, the rest of the confederates, without further no- 
tice or expostulation, shall forthwith send ayde to the con- 
federate in danger, but in different proportion, namely, the 
Massachusetts, one hundred men sufficiently armed and 
provided for such a service and journey ; and each of the 
rest, five and forty men, so armed and provided, or any 
lesse number, if iesse be required, according to this pro- 
portion. But if such a confederate may be supplied by 
their next confederate, not exceeding the number hereby 
agreed, they may crave help there, and seek no further for 
the present. The charge to be born as in the articles is 
expressed ; and at their return to be victualled and supplied 



NEW HAVEN COLONY. 137 

with powder and shot, (if there be' need) for their journey, 
by that jurisdiction which employed or sent for them. But 
none of the jurisdictions to exceed these numbers, till by 
a meeting of the commissioners for this confederation, a 
greater ayde appear necessary. And this proportion to 
continue, till upon knowledge of the numbers in each ju- 
risdiction, which shall be brought to the next meeting, 
some other proportion be ordered. But in any such case 
of sending men for present ayde, whether before or after 
such order or alteration, it is agreed, that at the meeting 
of the commissioners for this confederation, the cause of 
such War or invasion be duly considered, and if it appear 
that the fault lay in the party so invaded, that then, that 
jurisdiction or plantation make just satisfaction, both to 
the invaders, whom they injured, and bear all the charges 
of the War themselves, without requiring any allowance 
from the rest of the confederates toward the same. 

and further, if any jurisdiction see any danger of an in- 
vasion approaching, and there be time for a meeting, that 
in such case, three magistrates of that jurisdiction may 
summon a meeting at such convenient place as themselves 
shall think meet, to consider and provide against the 
threatened danger. Provider, when they are meet, they 
may remove to what place they please, onely while any of 
these four confederates have but three magistrates in their 
jurisdiction, a request or summons from any two of them, 
shall be accounted of equal force with the three mentioned 
in both the clauses of this article, till there be an increase 
of magistrates there. 

6. It is also agreed, that for the managing and conclu- 
ding of all affaires proper to, and concerning the whole 
confederation, two commissioners shall be chosen by, and 
out of the foure jurisdictions, namely, two for the Massa- 
chusetts, two for Plymouth, two for Connecticut, and two 
for New Haven, being all in church fellowship with us, 
which shall bring full power from their severall geirerall 

12* 



138 BLUE LAWS OF 

Courts respectively, to hear, examine, weigh and deter- 
mine all affaires of War or peace, leagues, aydes, charges 
and numbers of men for War, division of spoyles or what- 
soever is gotten by conquest, receiving of more confeder- 
ates or plantations into combination with any of these con- 
federates, and all things of like nature, which are the proper 
concomitants or consequences of such a confederation, 
for amity, offence and defence, not intermedling with the 
Government of any of the Jurisdictions, which by the third 
article is preserved entirely to themselves. But if these 
eight commissioners, when they meet, shall not all agree, 
yet it is concluded that any six of the eight agreeing, shall 
have power to settle and determine the business in question. 
But if six doe agree, that then such propositions, with 
their reasons, so far as they have been debated, be sent, 
and referred to the foure Generall Courts, viz., the Massa- 
chusetts, Plymouth, Connecticut and New Haven. And 
if at all the said Generall Courts, business so referred, be 
concluded, then to be prosecuted by the confederates and 
all their members. It is further agreed, that these eight 
commissioners shall meet once every year, besides extraor- 
dinary meetings, according to the fifth article, to consider, 
treat, and conclude of all affaires belonging to this confed- 
eration; which meeting shall ever be the first Thursday in 
September. And that the next meeting after the date of 
these presents, which shall be accounted the second meet- 
ing, shall be at Boston, in the Massachusetts, the third at 
Hartford, the fourth at New Haven, the fifth at Plymouth, 
the sixth and seventh at Boston : and then Hartford, New 
Haven and Plymouth, and so in course successively. If in 
the mean time, some middle place be not found out and 
agreed on, which may be comodious for all the jurisdic- 
tions. 

7. It is further agreed, that at each meeting of the 
eight commissioners, whether ordinary or extraordinary, 
they all, or any six of them agreeing as before, may choose 



^£W haven colony. 139 

their President out of themselves, whose office and work 
shall be to take care, and direct for order, and a comely 
carrying on of all proceedings in the present meeting. But 
he shall be invested with no such power or respect, as by 
which he shall hinder the propounding or progresse of any 
businesse, or any way cast the scales, otherwise than in the 
precedent article is agreed. 

.8. It is also agreed, that the commissioners for this 
confederation, hereafter at their meetings, whether ordina- 
ry or extraordinary, as they may have commission or op- 
portunity, doe endeavor to frame and establish agreements 
and orders in generall cases of a civil nature, wherein all 
the plantations are interested, for preserving peace amongst 
themselves, and preventing (as much as may be) all occa- 
sions of War, or differences with others, as about the free 
and speedy passage of justice in each jurisdiction, to all the 
confederates equally, as to their own, receiving those that 
remove from one plantation to another, without due certifi- 
cates, how all the jurisdictions may carry it towards the 
Indians, that they neither grow insolent, nor be injured 
without due satisfaction, lest War breaks in upon the con- 
federates, through such miscarriages. It is also agreed, 
that if any servant run away from his master, into any 
other of these confederated jurisdictions, that in such case, 
upon the certificate of one magistrate in the jurisdiction, 
out of which the said servant fled, or upon other due proof, 
the said servant shall be delivered, either to his master, or 
any other that pursues and brings such certificate, or proof. 
And that upon the escape of any prisoner whatsoever, or 
fugitive, for any criminall cause, whether breaking prison, 
or getting from the officer, or otherwise escaping, upon the 
certificate of two magistrates of the jurisdiction, out of 
which the escape is made, that he was a prisoner, or such 
an offender at the time of the escape ; the magistrates, or 
some of them, of that jurisdiction, where for the present 
the said prisoner or fugitive abideth, shall forthwith grant 



140 BLUE LAWS OP 

such a warrant as the case will bear, for the apprehending 
of any such person, and the delivery of him into the hand 
of the officer, or other person who pursueth him. And if 
help be required for the safe returning of any offender, it 
shall be granted unto him that craves the same, he paying 
the charges thereof. 

9. And for that the Justest Wars may be of dangerous con- 
sequence, especially to the smaller plantations in these Uni- 
ted colonyes, it is agreed that neither the Massachusetts, 
Plymouth, Connecticut, nor New Haven, nor any of the 
members of any of them, shall at any time hereafter, be- 
gin, undertake, or engage themselves, or this confedera- 
tion, or any part thereof, in any War whatsoever, (sudden 
exigents with the necessary consequences thereof excepted, 
which are also to be moderated as much as the case will 
permit,) without the consent and agreement of the fore 
named commissioners, or at least six of them, as in the sixt 
article is provided. And that no charge be required of any 
of the confederates in case of a defensive War, till the said 
commissioners have met, and approved the Justice of the 
War ; and have agreed upon the sum of money to be lev- 
ied, which sum is then to be paid by the severall confeder- 
ates in proportion, according to the fourth article. 

10. That in extraordinary occasions, when meetings are 
summoned by three Magistrates of any Jurisdiction, or 
two, as in the fifth article, if any of the commissioners 
come not, due warning being given, or sent, it is agreed 
that four of the commissioners shall have power to direct 
a War which cannot be delayed, and to send for due pro- 
portions of men out of each Jurisdiction, as well as six 
might doe, if all met ; but not lesse than six shall deter- 
mine the Justice of the War, or allow the demands, or Bills 
of charges, or cause any levies to be made for the same. 

It is further agreed, that if any of the confederates shall 
hereafter break any of these present articles, or be any 
other way injurious to any one of the other Jurisdictions, 



NEW HAVEN COLONY. 141 

such breach of agreement or injury, shall be duly consid- 
ered, and ordered by the commissioners for the other Ju- 
risdictions, that both peace, and this present confederation, 
may be entirely preserved without violation. 

Lastly, this perpetuall confederation, and the severall ar- 
ticles and agreements thereof, being read and seriously 
considered, both by the Generall court for the Massachu- 
setts, and by the commissioners for Plymouth, Connecticut, 
and New Haven, were presently and fully allowed and con- 
firmed by three of the forementioned confederates, namely : 
the Massachusetts, Connecticut, and New Haven ; in tes- 
timony whereof, the Generall Court of the Massachusetts, 
by their Secretary, and the commissioners for Connecticut 
and New Haven subscribed them the 19th day of the third 
month, commonly called May, Anno Domoni, 1G43. 

Only the commissioners from Plymouth, having brought 
no commission to conclude, desired respite to advise with 
their Generall Court, which was granted, and at the second 
meeting of the commissioners for the confederation, held 
at Boston in September following, the commissioners for 
the Jurisdiction of Plymouth, delivered in an order of 
their Generall Court, dated the 29th of August, 10-13, by 
which it appeared that these articles of confederation were 
read, approved, and confirmed by the said Court, and all 
their townships, and their commissioners authorized to rat- 
ine them by their subscriptions, which they accordingly 
did the 7th day of September, 164:5.* 

The commissioners for Massachusetts were, 

John Winthrop, 

Thomas Dudley, 

Simon Bradstreet, 

W. Hawthorne, 

Gibbons, 

Tyng. 

* Th< articles were signed in behalf of the commissioners 

and the General Court of Massachusetts, by Increase Nowell, Secretory. 



142 BLUE LAWS OF 

John Haynes, 



> Connecticut. 



Edward Hopkins. 

Theophilus Eaton, ) tv T tt 

rr r- l New Haven. 

1 ROMAS GREGSON, j 

Edward Winslow, ) T>1 t] 

« r ^ ' > Fly mouth. 

William Collier, J J 

NEW HAVEN 1. 

When the Plantations within this Colony first treated to be 
one Jurisdiction, and to settle themselves under one Gov~ 
eminent, these following particulars were solemnly and 
unanimously approved and concluded as a fundamental! 
agreement, upon which the combination ivas formed. 
That none shall be admitted Freemen, or free Burgeses, 
within this Jurisdiction, or any part of it but such plant- 
ers as arejmembers of some one or other of the aproved 
churches of New England ; nor shall any such be chosen 
to Magistracy, or to carry on any part of civil Jurisdiction, 
or as'Deputies or assistants to have power, or vote in estab- 
lishing Laws, or in .making or repealing Orders, or to any 
chief Military Office, or trust, nor shall any others, but 
such church members have any Vote in any such Elections, 
though all others admitted to be planters have right to their 
proper Inheritances, and doe and shall enjoy all other civil 
liberties and priviledges according to all Laws, Orders, or 
grants, which on, or hereafter shall be made for this Col- 
ony. * 

That all such Freemen of this Jurisdiction, shall yearly 
without any summons, upon the Election day, which is to 
be the last fourth day in the week, commonly called Wed- 
nesday in May, (till by the Generall Court some other time 
be ordered and published) either in person, or by proxy, 
attend that service : and according to their best liorht from 
the word of God, shall vote in the Election of Governour, 

♦ Peut. I) 13. Exod. 18; 21. Deut. 17; 15. Jer. 30; 21. 



NEW HAVEN COLONY. 143 

Deputy Governour, Magistrates, Commissioners for the 
United colonyes, Treasurer, Secretary, Marshall, or any 
other officer, then chosen for the Jurisdiction. And for 
the ease of the said Freemen (especially such as dwell re- 
mote) it is agreed that when any of them cannot conveni- 
ently come, they may send their votes, either written or in 
some other way, sealed up in the presence of the 
rest of the freemen in the plantation where they dwell, or 
the greater part of them. And further, if any of them pur- 
posing to be present at the Election, when the other Votes 
were sealed up, should after be hindred, and then want op- 
pertunity to seale up his Vote in the presence of the major 
part of the Freemen ; in such case he may seale it up in 
the presence of two such Freemen as knew he sent no vote 
before, (and upon their testimony or certificate) it shall be 
accepted, that so the liberty of the Freemen may be pre- 
served, they may have means to attend their duty, and 
their Votes may be directed according to their particular 
light. And the said Freemen may at any the Election 
court yearly, choose so many magistrates for the Jurisdic- 
tion in such plantation as the weight of affaires shall re- 
quire, and as they shall there find Freemen fit for such a 
trust; provided that when any man of what plantation so- 
ever, shall be first propounded for magistracy within this 
Jurisdiction, seasonable notice shall be first given to all the 
Plantations, of such a purpose, or desire, that all the Free- 
men may duely consider or informe themselves, and that 
such as cannot be present, but send their Votes, may pro- 
ceed accordingly ; and that each Freeman, whether present 
or absent, at the Election, may the better improve his lib- 
erty, it is ordered that lie may give or send his vote, as he 
finds cause, either in the affirmation, by putting in an In- 
dian corne, or in the negative, by putting in a beanc, or in 
such other manner as the General] Court Judge more con- 
venient. 

That the affaires of this Jurisdiction may be the better 



144 BLUE LAWS OF 

carried on, and that the Inhabitants may know whom to 
obey, and from whom to seek redresse of injuries, it is 
agreed that thereby severall courts for several purposes and 
of different constitutions and power, f 

First a General Court, which shall consist of the Gov- 
ernor, Deputy Gove'r. all the Magistrates, and of two Dep- 
uties for each Plantation in the Jurisdiction (where there 
is a church duely gathered, and Freemen orderly admitted) 
which Deputies shall be chosen either yearly, or against 
the approach of any such Generail Court, by the Freemen 
of each plantation, or the great number of them, and shall 
be sent at each Generail Court with full power (as having 
the power and Voyces of all the said Freemen derived to 
them) to consult of, and determine all such matters as con- 
cerne the publick welfare of this colony, and with due cer- 
tificate thereof, all which, both Governor, Deputy Governor, 
Magistrates, and plantation Deputies, shall have Vote in 
the said Court. 

This Generail Court, and all the members thereof, shall 
from time meete, and sitt at New Haven, (unlesse upon 
weighty cause, the major part of the Court see cause for a 
time to alter the place) at least once every yeare, namely, 
the last fourth day in the weeke commonly called Wednes- 
day in May, first to carry on the Elections, and after to 
consider and order all such other affaires of the Jurisdic- 
tion, as fall within their cognizance, trust and power, be- 
side which fixed courts, the Governor, or in his absence, 
the Deputy Governor, and in their absence, any two Magis- 
trates of this Jurisdiction, shall have power to summon a 
generail court at any other time, as the urgent extraordi- 
nary occasions of the Jurisdiction, or any part thereof, 
may require, and at all such Generail Courts, whether or- 
dinary or extraordinary, the Governor, Deputy Governor, 

tEx. IS; '21,-22. Dcut. 1; 1G, 17. Dcut. 1G; 18. 



NEW HAVEN COLONY. 145 

Magistrates, with all the forementioned Deputies, shall sitt 
together till the affaires of the Jurisdiction be dispatched, 
or may (as they conceive) be safely respited ; and if any of 
the said Magistrates or Deputies, shall either be absent at 
the first sitting of the said Court, or without leave depart, 
or disorderly absent him, or themselves from the service, 
before the court be finished, (though the absence of a lesse 
part, either of Magistrates or Deputies, when the court is 
either fixed, or with due notice, called extraordinary, it 
shall neither stop proceedings nor abate the force of what 
is ordered by the major part, both of Magistrates and Dep- 
uties, yet) he, or they, shall each of them pay twenty shil- 
lings for a fine to the Jurisdiction for such absence or de- 
parture : but if any Plantation send no Deputy, or if the 
absence or departure be mingled with contempt, or willfull 
neglect, which may either hinder the publick service, or 
prove an ill example, the fine shall be increased as the court 
upon due consideration of the offence, with the aggrava- 
tions, shall Judge meete, cr if the absence, &c, grow by 
any overruling providence of God, the same is also duely 
to be considered by the court, for sparing or mittigating 
the fine. 

1. This Court thus framed, shall first, with all care and 
dilligence, from time to time, provide for the maintenance 
of the purity of Religion, and suppress the contrary, ac- 
cording to their best light and directions from the word of 
God.* 

2. Secondly, though they humbly acknowledge, that the 
supreme power of making laws, and of repealing them, be- 
long to God only, and that by him, this power is given to 
Jesus Christ, as Mediator, Math. 28: I<>. Job. 5: 22. 
And that the Laws for holinesse, and Righteeusnesse, are 
already made, and given us in the scriptures, which in mat- 
ters morrall, or of moral] equity, may not be altered by hu- 



gs 10,11, I-'. I Tim. 2: 
13 



146 BLUE LAWS OF 

mane power, or authority ; Moses only shewed Israel the 
Laws, and statutes of God, and the sanedrim, the highest 
Court, among the Jews, must attend those Laws. Yet 
civill Rulers and Courts, and this Generall Court in particu- 
lar, (being intrusted by the freemen as before,) are the min- 
isters of Good people; and have power to declare, publish, 
and establish, for the plantations within their Jurisdictions, 
the Laws he hath made, and to make, and repeale orders for 
smaller matters, not particularly determined in scripture, 
according to the more Generall Rules of Righteousnesse, 
and while they stand in force, to require due execution of 
them.*. 

3. Thirdly, to require an oath from all the Magistrates, 
Deputies, or Assistants, &,c, in every Court of Judicature, 
for the faithfull discharge of the trust, committed to them, 
according to their best abilities. And to call them to ac- 
count for the breach of any Laws established, or for other 
misdemeanours in their places, and to censure them as the 
quality of the offence may require ; and here the Vote to 
passe, as in the Law of Appeals.f 

4. Fourthly, to impose an oath of Fidelity and due sub- 
jection to the Just Lawes standing in force, upon all the 
Freemen, planters, and Inhabitants fit to take an oath, with 
due penalty for obstinate refusal!, after, some convenient 
time hath been given for due consideration.! 

5. Fifthly, to order and appoint such works and Fortfica- 
tions, as they conceive may tend to the better defence of 
this Colony ; with Guns, Ammunition, and all other pro- 
visions and furniture, suitable thereunto; and to provide 
that the same be kept and preserved in a condition fit for 
present service, whether against Indians, or other Enemies. 
And to order all affairs of War and peace, levying of men, 



*Esay.33; 22. Deut. 5 : 8. Deut. 17:11. Rom. 13 ; 
t 1 Sam. 12 ; 3. 
Bcclea, 8 ; 2. 2 £. 11 ; 4. 17. Ezra 7 : 86, 



NEW HAVEN COLONY. 14*1 

&c. with due respect to the former articles of confedera- 
tion.* 

6. Sixthly, To order and regulate Trade, both with In- 
dians and others, according to the Rules of Righteousness, 
and prudence, for the publick good ; and to settle and levy 
Rates, Contributions, and Impositions upon all sorts of per- 
sons, Lands and goods, within this Jurisdiction, as the pub- 
lic service, and occasions of Church or Common-wealth, 
from time to time may require.! 

7. Seventhly, To hear and determine all cases, whether 
civill or criminall, which by appeal or complaint, shall be 
orderley brought unto them, either from any inferiour Court, 
or from any of the plantations. In all which, with whatev- 
er else falls within their cognizance, trust or Judicature, 
(as the highest Court within this Jurisdiction,) they shall 
proceed according to scripture light, and Lawes, and or- 
ders, agreeing therewith. And nothing shall be concluded, 
and pass as an act of the Generall Court, (unlesse in cases 
expressly excepted,) but by the consent and Vote of the 
major part of the Magistrates, together with the consent 
and Vote of the greater part of the Deputies. t 

Secondly, there shall be a Court, called the Court of 
Magistrates, wherein all the Magistrates for the Jurisdic- 
tion shall meete, and sitt at New Haven, at least twice a 
year; namely, the second day of the weeke, commonly 
called Munday, before the Court of Elections in the third 
month, called May, and the third fourth day in the weeke, 
commonly called Wednesday, in the Eight month, called 
October, to heare, examine, and determine, all weighty 
and Capitall cans, Civil and Criminall, above those limited 
to Plantation Courts, and to receive, and try all appeales 
duely brought unto them, from plantation Courts, and to 



• 2Chron. 32; 2, 3, 4, 5 : 0. 
tEzck.2S ; 18. Rom. 13: 4,6,7. 

jExod. 1*: 21, 22. 2 Tim. 3; 1G, 



M8 BLUE LAWS OF 

call all the Inhabitants, Freemen, planters, and others, to 
account for breach of any Lawes or orders, established, or 
for other misdemeanours, and to censure them, as the qual- 
ity of the offence shall require, in which meetings of the Ma- 
gistrates, lesse than four Magistrates shall not be accounted a 
Court, nor shall they carry on any businesse as a Court of Ma- 
gistrates. But it is expected, and required, that all and every 
of the Magistrates for this Jurisdiction, doe constantly attend 
the publick service at every Court of Magistrates, whether 
fixed, or uponspeciall occasion duly summoned, either by the 
Governor, or in his absence, by the Deputy Governor, or 
in their absence, by any two Magistrates of this Jurisdic- 
tion, and if any of them, (having had due warning,) be ab- 
sent at the first setting of any such Court, or after, with- 
out leave, depart, or disorderly absent himselfe from the 
service, before the Court be finished, he or they, shall pay 
for every such default, twenty shillings fine to the Jurisdic- 
tion, or more, as the case may require, unlesse some provi- 
dence of God, (whereof the Court of Magistrates, shall 
from time to time Judge,) did necessarily cause the same, 
and all sentences in this Court, shall pass by the Vote of the 
major part of the Magistrates present, onely the Governor, 
and in his absence, the Deputy Governor, when Votes in 
other respects are equall, shall in this Court, and when they, 
or either of them, sitt in a Plantation Court, have a casting 
Voyce, but from this Court, appeales and complaints may 
be made, and brought to the Generall Court, the Plaintiff 
in point of security, first duely attended the Law of ap- 
peales. 

Thirdly, besides the Generall Court, and Court of Ma- 
gistrates, for the case of the Inhabitants, there shall be 
Plantation Courts, to heare and determine inferior causes, 
which Courts may be of two sorts, namely, every Planta- 
tion, within this Jusisdiction, where there is a Magistrate, 
one or more, the Freemen from among themselves, shall 
choose at least two Deputies, but three or fower, if they see 



'new haven colony. 140 

cause, to assist the Magistrate or Magistrates, and in such 
Courts, they'may try any civill cause^betwixt party and par- 
ty, in valew not exceeding twenty pounds, and any criminall 
cause, when the punishment by scripture light, exceeds not 
stocking and whipping, and if the fine be pecuniary, when 
the fine exceeds not five pounds, and in all such Courts, the 
sentence shall passe according to the vote of the major part 
of the Court, onely when votes in their numbergare equall, 
the casting Voyce shall be in the Governor or Deputy Gov- 
ernor, or Magistrates present. But to expedite Justice, 
with as little inconvenience as may be, to Magistrates 
more remote, it is agreed, and ordered, thatf any such plan- 
tation Court, calling in two other Magistrates, from any 
other neighbouring Plantation,"; or Plantations, within this 
Jurisdiction, may try any civill cause, though of the highest 
valew, and any Criminall cause, provided it be not Capital], 
extending to the life of the otTendor ; but in such Planta- 
tions, if the Magistrate upon any occasion be absent, the 
Deputies alone have no power or Judicature, onely to pre- 
vent inconveniences, they may order the Marshall stay any 
malefactor^or suspitious person, or seize, or stop the estate 
of any man, or part of it, upon case shewn, when the case 
will not admit delay, till the Magistrate come home, pro- 
vided that sufficient security be taken of him or them, caus- 
ing such stay or seizure, to pay Just damages, if the pro- 
ceedings prove unwarrantable, and in case of remove or 
Death of suchiMagistrate,', the Deputiesrfall in'with other 
Plantations, where there is no Magistrate, till further order 
be taken, and in such Plantations, Deputies being chosen, 
either by the General] Court, or with their allowance, by the 
freemen from among themselves, they may keepe Courts to 
issue smaller causes, and order other affairs in all respects, 
as the Generall Court shall, from time to time appoint and 
limit, but from all these Courts, and in all tryalls and pro 
ceedings in them, appeals and complaints may be brought 
13* 



150 BLUE LAWS OF 

to the Court of Magistrates, the Plaintiff putting in securi- 
ty, according to the law of appeales. 

These Generalls were at first laid, as a foundation for 
Government, though it was foreseene, and agreed, that the 
circumstantialls therein, such as the ordinary, and fixed 
times, both for Elections, and for the meeting of the Gen- 
erall Court, and Court of Magistrates, how oft, and when 
they shall sit, the fines for absence, or disorderly departing 
and the Valew of causes to be tryed in Plantation Courts, 
with other particulars in their proceedings, might after be 
considered, continued and altered, as may best suit the 
course of Justice, and the conveniency of the Plantations. 

Certain Lowes, liberties, and orders, made, granted and es- 
tablished, at severed! times, by the Generall Court of New 
Iletvcn Colony, for, and to the Inhabitants of that Juris- 
diction, now collected, and further published, for the use of 
such as are eonecrned in them, wherein they have made 
vse of the Laws published by the Honorcetblc Colony of 
Massachusetts. 

It is ordered by this Court, and the authority thereof, 
that no man's life, shall be taken away, no man's honour, 
or good name shall be stained, no man's person shall be 
imprisoned, banished, or otherwise punished, no man shall 
be deprived of his wife, or children, no man's goods or es- 
tate shall be taken from him, under colour of lav; or coun- 
tenance of authority, unlesse it be by vertue, or equity of 
some expresse Law of this Jurisdiction, established by the 
Generall Court, and sufficiently published; or for want of a 
law in any particular case, by the word of God, either in 
the Court of Magistrates, or some plantation Court, accord- 
ing to the weight and valew of the cause, onely all Capi- 
tall causes, concerning life or banishment, when there is no 
expresse Law, shall be Judged according to the word and 
law of God, by the General! Court. 

That no man shall be put to Death, for any offence, or 



NEW HAVEN COLONY. 151 

misdemeanour in any case, without the testimony of two 
witnesses at least, or that which is equivalent thereunto, 
provi and to prevent or surpress much inconvenience which 
may grow, either to the publick or to particular persons by 
a mistake therein, it is ordered and declared, by the author- 
ity aforesaid, that two or three single witnesses, being of 
competent age, of sound understanding and of good reputa- 
tion, and witnessing to the case in question, (whether it 
concern the public peace and welfare, or any one, and the 
same particular person,) shall be accounted (the party con- 
cerned, having no just exception against them) sufficient 
proffe, though they did not together see, or heare, and so 
witnesse to the same individuall, and particulr act, in ref- 
erence to those circumstances of time and place. 

ACTIONS. 

It is ordered by this Court, and the authority thereof, 
that every person impleading another, in the Court of Ma- 
gistrates, or in any Plantation Court, when the debt or dam- 
age he demands, or the Action he layeth, is above twenty 
pounds, so that it cannot be tryed by a Plantation Court, 
unless two Magistrates of some other Plantation be called 
in to assist, he shall pay the sum often shillings, before his 
case be entered, or any part of it heard, unless the Court 
see cause to admit the Plaintiff to sue in forma pauperis. 
But in all actions, brought to any Court, the Plaintiff shall 
have liberty to withdraw bisection or to be nonsuited, be- 
fore sentence passe, in which case, he shall always pny full 
cost and charges to the defendant, and may after renew his 
suit at another court. 

AGE. 

It is ordered, &c. thai the age for passing away of Lands, 
or such kind- of! Hereditaments, or ingagements of like na- 
ture, as for giving of Votes, passing sentences in publick 



152 BLUE LAWS OF 

Meetings, civil courts or causes, shall be at least twenty 
and one years, but in cases admitting the choyce of Guar- 
dians, any age above fourteen may be sufficient. 

APPEALS. 

It is ordered, &.c. That if any man cast, or sentenced in 
his cause, be unsatisfied with the proceedings and issue, it 
shall be in his liberty (the cause not being criminall) to 
make appeal from any Plantation Court, to this Court of 
Magistrates ; and in like case from the court of Magistrates, 
to the Generall Court. But in such case, when the Magis- 
trates, or some of them, have already exprest themselves, 
to prevent difference and inconvenience, it is ordered, that 
the Major part of the Generall Court, consisting of Magis- 
trates and Deputies, taken jointly shall issue it, but to pre- 
vent, or provide against unnecessary trouble to Courts, 
charge to the Jurisdiction, and other inconveniences which 
may follow, if the course of Justice be delayed, or evaded, it 
is farther ordered, that whosoever shall so appeal, do ten- 
der his appeal, and put in sufficient security before the Judg- 
es of the Court, from which he appeales, the secretary or oth- 
er person or persons, authorised to admit appeals, effectually 
by himself, his Deputy or Attorney to prosecute his Appeal 
at the next usuall fixed time of that Courts sitting, to which 
the appeale is made ; and to observe, perform, and to pay 
to the Defendant, as shall be there adjudged ; but every 
such appeal shall be entered, and security as before put in, 
within three days after sentence in the cause was given, and 
the same at the charge of the party appealing, to be recor- 
ded, and certified to the Court, unto which the appeal is 
made. And lastly, it is ordered, that in the review it ap- 
pear, the plaintiff had no cause to appeale, petition, or com- 
plain, he shall pay such further charge, as the Court shall 
judge hath been expended in their sitting to re-examine his 
cause, that no unnecessary charge fall upon the colony,* 
♦Acts, 25, 9 to 30— Exp. 22, 9, 



NEW HAVE?; COLONY. 153 

APPEARANCE, NON-APPEARANCE. 

It is ordered, &c. That no man shall be punished for not 
appearing at or before any Civil Assembly, Court, Magis- 
trate, or officer, nor for omission of any office or service to 
be performed in his own person only, if he shall be neces- 
sarily hindered by any apparent providence of God, which 
he could neither foresee nor avoid, and by giving or sending 
notice, hath done what was in his power. Provided, that 
this law shall not prejudice any person of his just coste and 
damage, in any civil action. 

ARRESTS. SEE IMPRISONMENTS. 

Attachments. See further in the Title Distresses 

It is ordered, &c, That no Attachment shall be granted 
in any civil action to any Forraigner, against a settled In- 
habitant of this Jurisdiction, before he hath given sufficient 
security or caution, duly to prosecute his Action, and to 
answer the Defendant such costs and damages, as the court 
shall award. And it is further ordered, that in all attach- 
ments of Goods and Chattels, and Lands or Hereditaments, 
whether by Forraigners or settled Inhabitants, legall notice 
shall be given to the party concerned, or left in writing at 
his house, or place of usu all abode, before the suit proceed; 
but if he be out of the Jurisdiction, the cause shall proceed 
to tryall, but Judgment shall not be entered till an other 
court, at least a month after. And if the Defendant doe not 
then appeare, Judgment shall be entered, but execution 
shall not be granted before the Plaintiff hath given suffi- 
cient security to be responsall to the Defendant, if lie shall 
reverse the Judgment within one year, or *uch further time 
as the Court shall see cause to order. 

BAKERS. 

It is ordered, &c, that every person within this Jurisdic- 
tion, who shall bake Bread, for sale, shall have a distinct 



154 BLUE LAWS OF 

mark for his Bread, and keep the true assizes hereafter ex- 
pressed and appointed. 

When Wheat !s ordinarily sold by the Bushell at the sev- 
eral! rates hereafter mentioned, the penny white loaf, penny 
Wheaten Loaf, and penny Household loaf shall severally and 
respectively by averdupoyse, weighe as followeth. 

s. d. the when the Bushell of Wheat is 

at 3,0, penny white loaf 111 ozs. Wheaten 171 ozs. household 23 ozs. 

at 3,6, penny white loaf 10* ozs. Wheaten 15i o-zs. household 20? oz&. 

ut 4,0, penny white loaf 9£ ozs. Wheaten 14 ozs. household- 18s ozs. 

at 4 , 6, penny white loaf 8£ ozs. Wheaten 12f ozs. household 16i ozs. 

at 5,0, penny white loaf 72 ozs. Wheaten 111 ozs household 15? ozs. 

at 5,6, penny white loaf 7 ozs. Wheaten 101 ozs. household 14i ozs- 

at 6,0, penny white loaf 6J ozs. Wheaten 10 ozs. household 13 ozs. 

at 6,6, penny white loaf 6 ozs. Wheaten 9s ozs. household 12£ ozs. 
And so proportionably under the penalty of forfeiting all 
such Bread, as shall not answer the forementioaed several) 
assizes,, and for the better execution of the Order, there shall 
be is every Plantation, as occasion may require, an officer 
yearly chosen, who shall be sworn at the next Plantation 
Court or by the next magistrate; or officer by taking oaths, 
unto the faithfull discharge of his office, who is hereby au- 
thorized to enter into any House, either with a Constable or 
Marshall, or without, when he understands that any Bread 
is Baked for sale, and to weigh such Bread, as often as he 
seeth cause ; and after once notice, or warning, to seize all 
such Bread asheftndeth defection in weight, or not marked 
according to this order, and all such forfeitures shall be di- 
vided, one third part to the officer for his care- and p.aines, 
and the rest to the poor of the place.* 

BALLAST. 

It is ordered, &.c, that no Ballast shall be cast out of any 
Ship, or other Ship in the Channel, or other place incon- 
venient, in any Harbour within this Jurisdiction, under the 
penalty of ten pounds to be levied upon the owners, MarU 

«Lev. 10, 36. Pro. 11, 1 & 20, 10. D.u. 25, 15. Am. 8, 5, G. 



NEW HAVEN COLONY. 155 

tiers, Seamen, or others offending, to the use of the said 
Plantation. The Ship or Vessel to be stayed till payment, 
be made. 

BARRATRY. 

It is Ordered, &c, that if any person be proved and judg- 
ed a common Barrater, vexing others with unjust, frequent 
and troublesome suites, it shall be in the power of any Court 
both to reject his cause, and to punish him for his Barratry.* 

BILLS AND SPECIALTIES. 

It is ordered, &,c. that any debt or debts, due upon Bill 
or other specialty, being duly assigned to another, shall be 
as good a debt and estate to the assignee, as it was, or could 
be, to the assigner, and that it shall be lawfull for the said 
assignee to sue for, and recover the said debt, due upon 
Bill, or other specialty, and so assigned, as fully as the 
original Creditor might have done. Provided the assigna- 
tion be either made upon the back of the specialty, or the 
Court some other way declared, that future questions may 
be stopped or duly answered. 

BURGLARY AND THEFT. 

It is ordered, ooc, that if any person shall commit Bur* 
glary, or break up any dwelling House, or any thing equiv- 
alent, or rob any person by force, or by using any threat- 
ning gestures, or other actions in the fields, highwaycs, or 
other place, the party so offending shall for the first offence 
(besides such restitution and damage as the court to which 
the cognizance belongs shall see cause to order,) be brand- 
ed on the right hand, with the letter (B.) If he shall of- 
fend in the like kind a second time, (beside restitution and 
damage,) he shall be branded in the left hand, and also be 
severely whipt ; and if he fall into the like oiTence the third 



•Prov. ♦.;, la, 16, 28, 26, CI. 



15G BLUE LA.WS OF 

time (beside restitution and damage out of his estate,) he 
shall be put to death as incorrigible. And if any person 
shall commit such Burglary, or so rob in any place on the 
Lords day, he shall (beside restitution and damage,) for the 
first offence, be burnt on the right hand as before, and se- 
verely whipt; for the second offence, he shall be burnt on 
the left hand, stand on the Pillory, be severely whipt, and 
weare a halter in the day time constantly and visibly about 
his neck, as a mark of infamy, till the court of Magistrates 
see cause to release him from it. But if he fall into the 
same offence the third time, he shall be put to death as in- 
corigibly unrighteous, and presumptuously profane. And 
to prevent or supprisse other thefts and pilferings, it is or- 
dered that if any person shall be taken, or proved to have 
stolen, assisted, or any way have been accessary to the 
stealing of any cattel of what sort soever, or swine, he 
shall by way of forfeit, make such restitution to the owner 
as the court, considering all circumstances, shall Judge 
most agreeable to the word of God. And if any person 
shall be proved to have stollen any goods of what sort 
soever, out of any mans dwelling house, Ware house, 
Barn, or other out house, or left out in court yard, Garden, 
Orchard, highway, from the waterside, or out of any Boat 
or Vessel, or other place, or to have robbed any Garden, or 
Orchard, or stollen or hurt any grafts or fruit trees, or fruit, 
he shall forfeit and pay double damages to the owner, be- 
side such farther fine and punishment as the court, consid- 
ering the circumstances of time, manner, &c, shall judge 
meet. If the thief in any part of the premises be not able 
to make restitution, (if the case require it,) he is to be 
sold for a servant, till by his labor lie may make due resti- 
tution. And if any children, or servants, who cannot pay 
for i : ill transgresse, and trespasse in any part 

of the premises, if tlu.-ir Parents or Masters will not pay 
for I publickly whipt, or further proceed- 

ed I j the case may require. And all servants, and 



NEW HAVEN COLONY. 157 

workmen, imbeziling, pilfering, or stealing the goods of 
their masters, or such as set them on work, shall make 
such Restitution, and be liable to all Lawes and penalties 
as other men, and if any person shall be proved to pilfer 
or steale a second or third time, his punishment shall be 
increased by whipping or otherwise, as the court shall see 
cause. And for as much as small thefts, trespasses, or 
other offences of a criminal nature, are sometimes com- 
mitted by the English, or others, in Townes or places re- 
mote from Prisons, or it may prove inconvenient to defer 
the Tryall, or to make stay of the persons offending, or 
hard to get security for appearance at a court, it is there- 
fore ordered, that any Magistrate or Deputy intrusted to 
assist in Judicature, calling in such other help as'the place 
affords for a plantation court, (which help is hereby requir- 
ed to attend the service upon due warning) may upon com- 
plaint brought to him, when the case so requires, with the 
first conveniency, heare, and upon due proofe, determine 
any such offence (the valew whereof, either in point of fine, 
damage, or other punishment exceeds not the limits of that 
plantation court, according to the Lawes here established) 
and may give warrant to the Marshall, or other Officer, for 
answerable execution, but if the offender refuse to pay or 
have nothing to satisfie, the Magistrate or Deputy, with the 
help aforesaid, may punish by stocking, whiping, or oth- 
erwise, according to the nature of the offence, and import 
of this law. * 

CAPITALL LAWES. 

It is ordered, &c, that if any person after legall, or other 
due conviction, shall have, or worship any other God, but 
the Lord God, he shall be put to death. Exod. 22 : 20. 
Deut. 13 : 6. 10. Deut. 17:2, 3, 4, 5, 6. 



♦ Zeok 13; G, Jud s . 18; 7. Num. 15; :'0, 31. Ex, 88] 1 to 5 
Ex. 23; 3. 

14 



158 BLUE LAWS OF 

If any person be a Witch, he or she shall be put to death, 
according to Exod. 22: 18. Lent 20: 27. Deut. 18: 
10, 11. 

If any person within this Jurisdiction, professing the 
true God, shall wittingley and willingly presume to blas- 
pheme the holy name of God, Father, Son, or Holy Ghost, 
with direct, expresse, presumtuous, or high handed blasphe- 
my, either by willfull or obstinate denying the true God, or 
his creation, or Government of the world, or shall curse 
God, Father, Son, or Holy Ghost, or reproach the holy Re- 
ligion of God, as if it were but a politick device to keep 
ignorant men in awe ; or shall utter any other kind of Blas- 
phemy like nature and degree, such person shall be put to 
death. Lev. 24 : 15, 16. 

If any person shall commit any willfull murder, if he 
shall kill any man, woman or child, upon premeditated 
malice, hatred or cruelty, (not in a way of necessary and 
just defence, nor by meere casualty against his will,) he 
shall be put to death. Exod. 21 : 12, 13. Numb. 35 : 31. 

If any person slayeth another suddenly in anger, or cru- 
elty of passion, he shall be put to death. Levit. 24 : 17. 
Num. 35: 16, 17, 18, 19, 20, 21. 

If any person come presumptuously to slay another with 
guile, whether by any kind of force, poyson, or other wick- 
ed practice, every such person shall be put to death. Exod. 
21 : 14, agreeing with Deut. 19 : 19, by parity of reason. 

If any man or woman shall lye with any beast or bruite 
creature by carnall copulation, he, or she, shall surely be 
put to death, and the beast shall be slaine, burned, ai:d not 
eaten. Levit. 20 : 15, 16. 

If any man lyeth with mankind, ut vir fecit consuetudi- 
vnn, cum mulicrc, both of them have committed abomina- 
tion, they both shall surely be put to death. Levit. 20 : 13. 
And if any woman change naturalem consuetudinem into 
thai which is against nature, as Rom. 1: 26, she shall be 
liable to the same sentence and punishment, or if any per- 



NEW HAVEN COLONY. 159 

son or persons, shall commit any other kind of unnaturall 
or shamefull filthiness, called in scripture the going after 
strange flesh, or other flesh, then God allovveth, pravo com- 
mercia alicujus alvei, — then God in nature hath appointed 
to become one flesh, whether it be by abusing divcrsum in- 
troitum of a grown woman or child of either sex, or im?na- 
turum ingrcssum of a girl, wherein the naturall use of the 
woman is left, which God hath ordained for the propagation 
of posterity, and Sodomitical filthinesse. Jude 7 : 24, 
(tending to the destruction of the race of mankind) is com- 
mitted by a kind of Rape, nature being forced, though the 
will were enticed, every such person shall be put to death. 
Or if any man agebit in se, and in the sight of others, ejus 
seminem fundct, by example, or counsel, or both, corrup- 
ting or tempting others to doe the like, which tends to the 
sin of Sodomy, (Gen. 38 : 9, 24,) if it be not one kind of 
it : or shall defile or corrupt himself and others, by any 
other kind of sinfull filthinesse, he shall be punished ac- 
cording to the nature of the offence: or if the case consid- 
ered with the aggravating circumstance, shall according to 
the mind of God revealed in his word, require it, he shall 
be put to death, (as the Court of Magistrates shall deter- 
mine.) Provided that if in any of the former cases, one of 
the parties were forced, and so abused against his, or her 
will, the innocent person (crying out, or in due season 
complaining,) shall not be punished, or if any of the of- 
fending parties were under fourteen years old when the sin 
was committed, such person shall onely be severely correct- 
ed, as the Court of Magistrates considering the age and 
other circumstances shall Judge meet. 

If any man married, or single, commit Adultery with a 
marryed or espoused Wife, the Adulterer and Adulteress^ 
shall surely be put to death. Lev. 18: 20. Lev. 20 : 10. 
Deut. 22 : 23, 24. 

I f any person steale a man, or mankind, that person shall 
purely be put to death. Exod. 21 ; 10. 



100 BLUE LAWS OP 

If any person rise up by false Witnesse, wittingly and of 
purpose to take away any man's life, that person shall be put 
to death. Deut. 19: 1G, 18, 19. 

If any person shall conspire, and attempt any invasion, 
insurrection, or public Rebellion against this Jurisdiction, 
or shall endeavour to surprise, or seize any Plantation, or 
Towne, any Fortification, Platform, or any great Guns provi- 
ded for the defence of the Jurisdiction, or any plantation 
therein ; or shall treachously and perfidiously attempt the al- 
teration and subversion of the frame of policy, or fundamen- 
tall Government laid, and settled for this Jurisdiction, he or 
they shall be put to death. Num. 16:2. Rom. 32. Sam. 
18 : 2. Sam. 29. Or if any person shall consent unto any 
such mischievous practice, or by the space of four and 
twenty Houres conceal it, not giveing notice thereof to 
some Magistrate, if there be any Magistrate in the Planta- 
tion, or place where he Hveth, or if none, to some Deputy 
for the Jurisdiction, or the Constable of the place, that the 
public safety maybe seasonably provided for, he shall be 
put to death, or severely punished, as the Court of Magis- 
trates weighing all circumstances shall determine. 

If any child or children, above sixteen years old, and of 
competent understanding, shall curse, or smite, his, her, or 
their natural] Father or Mother, each such child shall be 
put to death. Exod.21 : 17. Levit. 20 : 9. Exod. 21 : 15. 
unlesse it be proved, that the Parents have been very un- 
ehristianly negligent in the education of such child or 
children, or so provoked them, by extream and cruell cor- 
rection or usage, that they have been urged or forced there- 
unto, to preserve themselves from death or maiming. 

If any man have a Stubborn Rebellious Son, of sufficient 
age and understanding, namely, sixteen years old, or up- 
ward, which will not obey the voyce of his Father, or the 
Toyce of his Mother, and that when they have chastened 
him, will not hearken unto them, then shall his Father and 
his Mother, (being his natural Parents,) lay hold on him, 



NEW HAVEN COLONY. 1G1 

and bring him to the Magistrates assembled in Court, and 
testifie unto them, that their Son is Stubborn and Rebell- 
ious, and will not obey their voyce and chastisement, but 
lives in sundry notorious crimes : such a Son shall be put 
to death. Deut. 21 : 18, 19, 20, 21. 

If any man ravish any Maid, or single Woman, who is 
above the age of ten years, committing Carnall Copulation 
with her by force, against her own will, he shall be severely 
and grievously punished, as the Court of Magistrates con- 
sidering all circumstances shall determine. 

CASK AND COOPER. 

It is ordered, &lc. that all Cask, whether Pipe, Hogsheads, 
Barrels, quarter Cask, or other sorts used in trade, whether 
for any Liquor, Fish, Pork, Beef, or other commodity put 
to sale, shall be of London assize. And that in each plan- 
tation within this Jurisdiction, where Cask is made or used 
for trade, the Plantation Court, or the Constable, with the 
present or last Deputies for the Generall Court, where there 
is no Plantation Court, shall from time to time appoint some 
fit person, or persons to view, and gage all such Vessel or 
Cask ; and such as shall be found of due assize, and made 
of sound and well seasoned stuffe, (and none but such shall 
be marked with the gagers mark,) who shall have for his 
pains, eight pence for every Tun, and proportionably for 
what he so maketh. And every Cooper shall have, and set 
a distinct brand, mark of his own, upon each Cask, upon 
of forfeiting after the rate of twenty shillings a Tun, for 
.what he sells, either without the gagers mark, or not mark- 
ed with own constant brand mark. 

CATTELL, CORN, FIELDS, FENCES. 

To prevent or remedy much inconvenience, and many 
differences, which may grow about Fencing, Planting, Sow- 
ing, feeding, and improving of common fields, inclosed for 

14* 



1G2 BLUE LAWS OF 

corn or other necessary use, it is ordered, that every person 
interested in any such field, shall from time to time, make 
and keep his part of the Fence, sufficiently strong, and in 
constant repaire, according to all orders in force in such 
plantation, to secure the Corn, and other fruits thereon. 
And shall not put, cause, or permit any Cattel to be put in, 
so long as any Corn or other fruit, shall be growing, or re- 
main upon any part of the Land so inclosed. Unlesse by 
some general! expresse agreement of such as are interessed. 
And if at any time the owners or occupiers of any such in- 
closed Land, cannot, or doe not agree, in any part of the 
premises, it is ordered, that upon due and seasonable notice 
given to the Select Men, or Townsmen, appointed for pru- 
dential affaires, proper to their care and trust, by any con- 
cerned, and unsatisfied, they shall appoint a convenient time 
to hear and order such differences, and settle a due way of 
fencing, improving, and preserving such fields, and the 
fruits of them. And whosoever shall oppose or transgresse, 
shall be liable to all damages proved to grow thereby, and 
to such further fine, for breach of order, as the Plantation 
Court, or authority there settled for such purposes, shall 
Judge meet. But in any plantation, where there are no 
such select, or Townsmen, the Freemen from among them- 
sj1\ ( ?, shall j e ;rl\ choi S3 a convenient number to order such 
occasions, that peace, righteousnesse may be the better pre- 
served therein. And these select, or Townsmen, shall from 
year to year, appoint one, two, or more, of the Planters, 
for all or each Commonfield, belonging to the plantation 
where they dwell, to view the Common Fences within their 
trust, and to take due notice of the reall defects and insuf- 
ficiency thereof, and shall forthwith acquaint the owners 
with the same. And if the said owners or occupiers, do 
not at furtherest, within six working days, or sooner, if the 
said Select men see cause, and so appoint, sufficiently re- 
pair, or cause the same to be repaired, he or they shall forth- 
with upon the demand of the appointed viewer or viewers, 



NEW HAVEN COLONY. 1G3 

(beside other Just damages,) pay as a fine to the plantation, 
twelve pence for every rod, (if there be a considerable quan- 
tity of such defective fence together,) or for every single 
defect, in such faulty fence, or the said viewer or viewers, 
taking due witnesse of the defects, may if it suite their con- 
veniency, forthwith repaire or renew them, or cause them 
to be repaired or renewed, and shall have double recom- 
pence for the same, to be paid, (beside the Just damages,) 
by the owner or occupiers of the said insufficient fence, or 
fences. And in either case, if payment be denyed or de- 
layed, such viewer or viewers, shall have Warrant from the 
said Select Men, directed to the Marshall or Constable, to 
levy the same forthwith, upon the estate of the Delinquent, 
And where Lands lye in Common, unfenced, if one man 
shall improve his land by fencing in sever all, and others, one, 
or more shall not, he who shall so improve, shall secure his 
land from other men's Cattel, (unruly Cattel excepted,) who 
shall compell no man to make any fence with them, except 
he also improve in sever all, and when one man shall im- 
prove before his neighbour, and so make the whole fence, 
if his said neighbour shall after improve, he shall them sat- 
isfie, for half the other's fence against him, according to the 
present value, and shall maintain the same. And if the 
said first man shall after lay open his said field or land, then 
the said neighbour, shall both enjoy his said half Fence so 
purchased; and shall have liberty to buy the other half 
Fence against his land; paying according to the present 
worth, as it shall be rated by two men indifferently chosen. 
And the like order shall be, when any Man shall improve 
land, against or adjoining to a Town Common : Provided, 
this extend not to house lots, in which, if one shall improve, 
his neighbour or neighbours, shall be compellable to make 
and maintaine one half of the Fence between them, wheth- 
or he or they improve, or not, provided also, that no man 
shall be liable to damage done in any ground, not sufficient- 
ly fenced, and himself not interessed in the defective fence, 



104 BLUE LAWS OF 

or some part of it, except the damage were done by prohib- 
ited or unruly Cattel of any sort, (in which are swine in- 
cluded,) which cannot be restrained by ordinary fences, or 
where any shall unwarrantably put in Cattel, of what sort, 
or under what colour or pretence soever, or otherwise will- 
fully tresspasse upon his neighbours ground. 

It is further ordered, that whatsoever Swine or greater 
Cattel, (Horses excepted, which are particularly mention- 
ed hereafter,) shall be found in the Woods or Commons un- 
marked, are liable to poundage, and being either Pounded, 
or otherwise prosecuted and proved, the owner shall pay for 
each Swine unmarked, three shillings and four pence, of 
which half the fines to the pounder, or prosecutor, and the 
rest to the Plantation. And for each of the greater sort of 
Cattel, six shillings, whereof half shall be ordered to the 
pounder, or prosecutor, and the rest to the Plantation; but 
if the owners be not known or found, then every such 
swine or beast of a greater kind, to be duly cryed, that the 
owner may take notice, claim his interest, and pay the fine 
and charges ; but if yet no owner be found, then after due 
apprisement by indifferent men, chosen by authority, in the 
place, and the same recorded by the secretary, sale to be so 
far made, that the fine and charges may be fully paid, and 
the remainder kept by the Treasurer, till the owner be 
known ; and the rest of such Swine or Cattel, being first 
marked with a publick Town mark or brand, with some dis- 
tinction from the mark of particular men, to be again turn- 
ed into the Woods. 

Lastly, it is ordered, that no owner of Cattel, of what 
kind soever, after knowledge or notice given, that any Cat- 
tel of his, whether Horse, other beast, or Swine, is unruly 
in roped to fences, shall suffer any such to goe at liberty, 
either in Common, or against Cornfields, or other improved 
inclosed grounds fenced as aforesaid, but shall constantly 
keep them upon his own ground, within sufficient fences, 
all his own. or put and keep upon each of them, such 



NEW HAVEN COLONY. 1G5 

shackles and fetters, or yokes and rings, as may sufficiently 
from time to time, restrain and prevent tresspasse, or shall 
pay all damages and charges, whether in come, or other 
fields, with hurt in fences, expences of time, and help in 
catching, pounding, driving out, and bri'-ging home, any 
such unruly Cattel, of what kind soever, with such further 
fine for breach of order, and Court charges, if the Plaintiff 
be put to recover it, that, as the Court shall Judge meet. 

CHARGES rUBLICK. 

That pnblick charges may be defrayed in a ready and 
just way, it is ordered by this Court, and the authority 
thereof, that in each plantation within this Jurisdiction, 
the Select or Towns Men, or some others thereunto depu- 
ted, doe yearly, the first week of the third month, called 
May, require, procure, and make a full and Just List of 
all the male persons within their limits, from sixteen years 
old and upwards; and a true estimation of all personall and 
reall Estate, being, or reputed to be, the estate of all, and 
every the persons belonging to the Plantation, or in their 
present possession, viz. of Houses, Lands of all sorts, 
Meadow and up land, as well unbroken up as other, (except 
such as doth and shall lye common, for free feed of cattle, 
at all times to the use of the inhabitants in generall,) mills, 
ships, and all small Vessels, merchantable goods, cranes, 
wharfs, and all sorts of cattel and other estate, (household 
stuff, and goods of that kind, provided and kept for that 
use, and not for trade, onely excepted,) whether at sea or 
on shoar, with a due consideration and estimate of the 
advantage men may have by their severall and respective 
arts or trades, which Lists, and particular account of 
males and Estates, in reference to Rates, shall by the Depu- 
ties chosen by each plantation, and sent to assist at the 
generall Court, be presented yearly when they sit, in the 
latter end of May, under such penalty for default, as the 
Court, considering the hindrance in the Jurisdiction at- 



1GG BLUE LAWS or 

faires, shall see cause to inflict — all which persons and Es- 
tates, are to be assessed and rated, by such as are thereun- 
to appointed, for one single rate, as followeth, viz. every 
male person, above sixteen years of age, (except Magis- 
trates and Elders of Churches,) at twenty pence by the 
head, and all Estates both reall and personall, at one penny 
for every twenty shillings. And that Houses, (wherein 
there is much difference) may be the more equally rated, 
according to their worth, it is ordered, that the Deputies 
from the severall plantations within this Jurisdiction now 
assembled at this Generall Court, doe before their return, 
rate two Houses in New Haven, which shall be as patterns 
for the other plantations to rate by. That all Lands, 
whether Meadow or upland, and whether the upland be 
better or worse, broken up or not, (except it lye common 
as before,) be rated at twenty shillings an acre, and for 
that a considerable part of mens Estates in these parts, 
lyeth in Cattel, to avoyd many questions which may grow 
about their age, it is ordered, that all sorts of Cattel, from 
year to year, though any of them should not be a year old 
till the last of July, yet in reference to rates, be accounted 
and pay as if they were a year old the first of May. And 
in like manner for two years old, or elder; and in Hew 
thereof, Cattel though near 3 quarters of a year old the 
first of May, shall not be Rated ; and Cattel of a year and 
almost three quarters, shall be rated at a year old, and so 
upward. And it is further ordered, that till this Court find 
some considerable alteration in prises, every Cow of four 
year old, (the age recorded as before,) or upward, shall be 
rated at five pound, every Heifer or Steer, three year old, 
reckoned as before, at four pounds; and betwixt two and 
three years old, at fifty shillings; and of one year old, 
thirty shillings. Every Ox and Bull of four year old, or 
upward, at six pounds; every Horse of three year old, 
(after the former account) or more, shall be valued at ten 
pounds ; every Mare of three year old or upward, at twelve 



NEW HAVEN COLONY. 1G7 

pounds ; those of two year old or upward, according to 
the former account, whether Horse or Mares, each of them 
at five pounds ten shillings; and those of three quarters of 
a year old, or above, till they come to a year and three 
quarters, shall be Rated at three pounds and ten shillings ; 
every yew sheep, of a year old or above, at thirty shillings ; 
every weather Sheep, or Ram, of a year old or above, at 
sixteen shillings ; every Goat, of a year old or above, at 
eight shillings; every Swine, of a year old or above, at 
twenty shillings; every Asse, of a year old or above, at 
forty shillings. And all Hey and Corn, in the Husband- 
mans hands, is hereby exempted from Rates, because all 
meadow, arrable Land and Cattel, are Rateable as afore- 
said. And for all such persons, as by the advantage of 
their Arts and Trades, are men enabled to bear publick 
charges, then common Labourers and Workmen, as Butch- 
ers, Bakers, Victuallers, Smiths, Carpenters, Taylors, 
Shoemakers, Joyners, Barbers, Millers, Masons, with 
other artists, such are to be Rated for their returns and 
gaines in proportion to other men for the produce of their 
estates. Provided, that in the Rate by the Poll, such per- 
sons as are disabled by sicknesse, lamenesse, or other in- 
firmity, shall be so long exempted. And for such servants 
and children as take not wages, their parents and Masters 
shall pay for them ; but such as take wages shall pay for 
themselves. And it is ordered, that all Rates assessed by 
this Court, be duly paid in to the Jurisdiction Treasurer, 
at such time or times, in such pay, and at such prises, as 
this Court shall appoint, and under such penalties for de- 
fault, as shall from time to time be ordered. And power 
is hereby given and granted to each plantation within this 
Jurisdiction, to gather all Rates from time to time, from 
the sevcrall inhabitants, as they grow due: and for want or 
delay of payment in an orderly way, to distreyn within their 
own limits, to prevent further inconveniences. But that 
the Jurisdiction suffer not by the neglect or delay of any 



108 BLUE LAWS OP 

plantation or plantations herein, it is further ordered, that 
at any time hereafter, upon the complaint of the Jurisdic- 
tion Treasurer, any Magistrate may send the Marshall 
alone, or with others to distreyn the Cattel, Corn, or any 
other goods belonging to any of the inhabitants within such 
plantation, as shall be defective in the payment of Rates 
due, for the whole sum behind and unpaid, with addition 
of all penalties incured, and due charges for the Marshall, 
and others imployed in seizing and bringing away such 
distresse, every inhabitant in such case, having liberty to 
require and recover his damage from the plantation or 
officers there intrusted for civil affaires, according to justice. 
Provided, that if any person now, or hereafter, having 
taken up a Lot or Lots in any plantation, be removed, or 
shall withraw himself and his moveable Estate, or any con- 
siderable part of it, still keeping such Lot or Lots, in his 
own possession, or power, without due improvement, by 
which means the Plantation wants his personal service, be- 
sides other inconveniences, it is hereby ordered, that in 
such case, every such person shall in all respects pay his 
Rates by Lands only, as was ordered, and done before 
Rating by heads, and estates, but in a due proportion to a 
whole Rate, as then it was. And if the plantation find no 
other means to recover the said Rates, they may distreyn 
Houses or Lands, or both, upon a true account, that what 
advantage they shall make, by selling or letting the same, 
or any part thereof over and above what is due for the said 
Rates, with just damages and necessary charges, shall be 
returned to the owner, if he demand the same, within three 
years. 

CHILDREN'S EDUCATION. 

Whereas too many Parents and Masters, either through 
or over tender respect to their own occasions and businesse, 
or not duly considering the good of their children and ap- 
prentices, have too much neglected duty in their Education, 



NEW HAVEN COLONY. 1G9 

while they are young, and capable of learning, it is order, 
ed, that the Deputies for the particular Court in each Plan- 
tation within this Jurisdiction for the time being; or where 
there are no such Deputies, the constable or other officer, 
or officers in publick trust, shall from time to time, have 
a vigilant Eye over their brethren and neighbors, within 
the limits of the plantation, that all parents and masters 
doe duly endeavor, either by their own ability and labour, 
or by improving such schoolmaster, or other helps and 
means, as the plantation doth afford, or the family may 
conveniently provide, that all their children and apprenti- 
ces, as they grow capable, may, through Gods blessing, 
attain at least so much as to be able duly to read the scrip- 
tures, and other good and profitable printed Books in the 
English tongue, being their native language, and in some 
competent measure, to understand the main grounds and 
principles of Christian Religion, necessary to Salvation, 
and to give a due answer to such plain and ordinary ques- 
tions as may by the said Deputies, Officers or others, be 
propounded concerning the same. And where such Depu- 
ties or Officers, whether by information or examination, 
shall find any parent or master, one or more, negligent, 
he or they shall first give warning, and if thereupon due 
reformation follow, if the said Parents or masters shall 
thenceforth seriously and constantly apply themselves to 
their duty in manner before expressed, the former neglect 
may be passed by. But if not, then the said Deputies, 
or other officer or officers, shall three months after such 
warning, present each such negligent person or persons, 
to the next plantation Court, where every such delinquent 
upon proof, shall be fined ten shillings to the plantation, 
to be levied as other fines. And if in any Plantation, there 
be no such court kept for the present, in such case, the 
constable, or other officer or officers, warning such person 
or persons, before the Freemen, or so many of them as 
upon notice shall meet together, and proving the neglect 
15 



170 BLUE LAWS OF 

after warning, shall have power to levy the fine as aforesaid. 
But if in three months after that, there be no due care ta- 
ken and continued for the education of such children or 
Apprentices as aforesaid, the delinquent, (without any fur- 
ther warning,) shall be proceded against as before, but the 
fine doubled. And lastly, if after the said warning and 
fines paid or levied, the said Deputies, officer or officers, 
shall still find a continuance of the former negligence, if 
it be not obstinacy, so that such children or servants may 
be in danger to grow barbarous, rude and stubborn, through 
ignorance, they shall give due and seasonable notice, that 
every such Parent and Master be summoned to the next 
Court of Magistrates, who are to proceed as they find 
cause, either to a greater fine, taking security for due 
conformity to the scope and intent of this Law T , or may 
take such children or apprentices from such Parents or 
Masters, and place them for years, Boyes till they come to 
the age of one and twenty, and Girls till they come to the 
age of eighteen years, with such others who shall better 
Educate and govern them, both for the conveniency, and 
for the particular good of the said Children or Apprentices. 

CONVEYANCES FRAUDULENT. 

To prevent or avoyd the mischievous inconveniences 
which may grow by fraudulent conveyances, and that every 
man may the better know what estate or interest other men 
may have in any Houses, Lands, or other Hereditaments, 
which he purposeth to deale in, it is ordered, that no Mor- 
gage, Bargaine, Sale, Grant or conveyance, made of any 
House or Houses, Lands, Rents, or other Hereditaments, with- 
in this Jurisdiction, where the Granter remaines in posses- 
sion, shall be hereafter in force against any other person or 
persons, then the Granter and his heirs, unlesse the same be 
acknowledged before some Court or Magistrate, within this 
Jurisdiction, and Recorded as hereafter expressed. And 



NEW HAVEN COLONY. 171 

no such Grant, bargain or sale already made in way of Mor- 
gage &c, when the Granter remains in possession, shall be 
in force against any other but the Granter and his heirs,* 
except the same shall be entered, (as here expressed) within 
one month after the first publishing of this order, if the par- 
ty concerned be within this Jurisdiction, or else within 
three months after he shall return. And if any such Gran- 
ter be required of the Grantee, his heirs or assigns to make 
an acknowledgment accordingly, of any grant, sale, bargain 
or morgage, by him made, and shall refuse so to doe, it 
shall be in the power of any Court or Magistrate, to send 
for the party so refusing, and upon evidence of his injuri- 
riousnesse therein to commit him to prison,! without Baile 
or mainprize, untill he shall acknowledge the same. And 
the Granter in such case is to enter his caution with the 
secretary, or other officer appointed to Record such Deeds, 
and this shall serve his interest in the mean time. But if 
it be doubtfull whether it be the deed or grant of the party, 
he shall be bound with sureties to the next Court of Magis- 
trates, and the caution shall remain good as aforesaid. 
Lastly, it is ordered, that in each plantation, either the sec- 
retary, or some other officer, be appointed, duly to enter 
and Record, in a Book kept for that purpose, all and every 
such grants, sale, bargains, morgages of Houses, Lands, 
Rents, and other Hereditaments, as aforesaid, with all and 
every such caution, together with the name of the Granter 
and Grantee, thing and Estate granted, with the date there- 
of; the Grantee paying sixpence to the Secretary or officer, 
for each such entry or Record. 

COOPER, SEE CASKE. 

Courts fur Strangers. 
For the ease and conveniency of strangers, who sometimes 
cannot stay to attend the ordinary courts of Justice, it is 

KSren. 2:5: 16, 17, 1*.— Jer. 32 : 10, 11. 
tl These. 4: G. 



1V2 BLUE LAWS OF 

ordered, that the Governor, Deputy Governor, or any Ma- 
gistrate within this Jurisdiction, may call a speciall court, 
and that in such cases, any three Magistrates, calling in 
such of the Deputies for the Plantation Court, as may be 
had, shall have power to hear and determine all causes civ- 
il and criminal, (triable in plantation courts, when two Ma- 
gistrates are called in) which shall arise betwixt such stran- 
gers ; or where any such stranger or strangers, shall be a par- 
ty, whether plaintiff or Defendant, the secretary of the place 
(as in other ordinary trialls) duly Recording the proceedings, 
all which shall be at the charge of the party, or parties, as 
the Court shall determine ; so that neither the Jurisdiction 
nor plantation be charged by such courts. 

CURSING, SEE PROFANE SWEARING, 

Damage?- pretended, and Vexatious Suites, 

It is ordered, (Sec, that if any person or persons in any 
suit, shall falsely pretend great damages or debts, to dis- 
credit, trouble, or vex his, her, or their adversary, the Court 
upon discovery and proof, shall have power to set a reason- 
able fine upon the head of any such offender : and that in all 
cases, when it appears to the Court, that the plaintiff hath 
willingly and wittingly done wrong to the Defendant, in 
commencing and prosecuting any action, suit, complaint, 
or other indictment, in his own name, or in the name of 
others, he shall beside just damages to the party wronged 
be fined forty shillings, or anylessesum to the Jurisdiction 
or Plantation Treasury, as the case may require. 

DISTRESSE. 

It is ordered, &,c, that no Men's Corn or Hey, that is in 
the field, or upon the Cart, nor his Garden Stuff, nor any 
thing subject to present decay, shall be taken in distresse, 
or by way of Attachment, unless it be first duly prized, by 
order of some Magistrate or other officer; and that he that 



NEW HAVEN COLONY. 173 

takes it, first put in due security to satisfie the worth of it, 
if it come to any harm, with other damages, according^to 
the course of Justice. 

DISTURBERS OF THE PUBLICK PEACE. 

It is ordered, &c, that whosoever shall disturb or under- 
mine the peace of this Jurisdiction or any of the plantations, 
Churches, Families, or persons within the same, whether by 
conspiring or plotting with others, or by his own tumultu- 
ous and offensive carriage, traducing, reproaching, quarrel- 
ling, challenging, assaulting, battery, or in any other way, 
tending to publick disturbance, in what place soever it be 
done, or shall defame any court of Justice, or any of the 
Magistrates, or other Judges of any such Court within 
this Jurisdiction, in respect of any act, or sentence therein 
passed ; every such offender, upon due proof made, either 
in the Generall Court, Court of Magistrates, or particular 
court (if the try all and issuing of the case exceed not their 
limits) shall be punished by fine, imprisonment, binding to 
the peace, or good behaviour, disfranchisement or banish- 
ment, according to the quallity of the offence, or distur- 
bance.* 

DIVORCE, OR MARRIAGE DECLARED A NULLITY. 

Desertion, <$fc. 
It is ordered, &,c, that if any marryed person, proved an 
Adulterer, or an Adulteresse, shall by flight or otherwise, 
so withdraw or keep out of the Jurisdiction, that the course 
of Justice, (according to the mind and Law of God here es- 
tablished) cannot proceed to due execution, upon com- 
plaint, proof, and prosecution, made by the party concerned 
and interessed, a separation or divorce, shall by sentence of 
the Court of Magistrates be granted, and the published, and 
the innocent party, shall in such case have liberty to marry 
again. — Mat. 19 : 9. 

♦ Numb. 16: ngainstthe sixth commandment, Ex.22:2R. 

15* 



17-1 BLUE LAWS OF 

And if any Man Marrying a Woman fit to bear children, 
or needing and requiring conjugall duty, and due benevo- 
lence from her husband, it be found (after convenient for- 
bearance and due tryall) and satisfyingly proved, that the 
husband, neither at the time of Marriage, nor since, hath 
been, is, nor by the use of any lawfull means, is like to be 
able to perform or afford the same, upon the wives due 
prosecution, every such marriage shall by the court of Ma- 
gistrates, be declared voyd, and a nullety, the woman freed 
from all conjugall relation to that man and shall have liber- 
ty in due season, if shee see cause, to marry another; but 
if in any such case, deceiptbe charged and proved, that the 
man before marriage, knew himself unfit for that relation 
and duty, and yet proceed, sinfully to abuse an ordinance 
of God, in so high a measure to wrong the woman, such 
satisfaction shall be made to the injured woman, out of the 
Estate of the offendor, and such fine paid to the Jurisdic- 
tion, as the Court of Magistrates shall Judge meet. But if 
any husband after marriage, and marriage duty performed, 
shall by any providence of God be disabled, he falls not un- 
der the Law, nor any penalty therein. And it is further de- 
clared, that if any husband, shall without consent, just cause 
shewn, wilfully desert his wife, or the wife her husband, 
actually and peremptorily refusing all Matrimonial Society, 
and shall obstinately persist therein, after due means have 
been used to convince and reclaim, the husband or wife so 
deserted, may justly seek and expect help and relief, accord- 
ing to, 1 Cor. 7 ; 15, and the Court, upon satisfying evidence 
thereof, may not hold the innocent party under bondage. 

DOWRIES. 

It is Ordered, &,c, that every marryed Woman living 
with her husband in this Jurisdiction, or other where ab- 
senl from him, with his consent, or through his meer de- 
fault, or inevitable providence, or in case of divorce where 



NEW HAVEN COLONY. 175 

she is the innocent party, that shall not before marriage be 
estated by way of Joynture, (according to agreement,) in 
some Housing, Lands, Tenements, Hereditaments, or other 
means for tearm of her life, shall immediately after the 
death of her husband, have right and interest by way of 
Dower, in and to one third part of all such Houses, Lands, 
Tenements, and Hereditaments, as her said husband was 
seized of to his own use, either in possession, reversion, or 
remainder, within this Jurisdiction, at any time during the 
marriage, to have and enjoy for tearm of her naturall life, 
according to the Estate of such husband, free, and freely 
discharged, of and from all Titles, Debts, Rents, Charges, 
Judgements, Executions, and other incumbrances whatso- 
ever, had, made, or suffered by her said husband during the 
said marriage between them, or by any other person claim- 
ing by, from, or under him, otherwise than by any act or 
consent of such wife, as this Court shall ratine and allow. 
And if the heir of the husband, or other person interested, 
shall not within one month after lawfull demand made, as- 
sign, and set out to such widow her Just third part conve- 
niency, or to her satisfaction, according to the intent of 
this Law, then upon due complaint and prosecution, either 
before the Court of Magistrates or plantation Court, as the 
case may require, her Dower or third part, shall be assign- 
ed and set forth by such persons as the Court shall appoint, 
with due costs and damages, provided that this Law shall 
not extend to any Houses, Lands, Tenements, or other He- 
reditaments, sold or conveyed away by any husband bona 
fide, for valuable consideration before this Law was pub- 
lished. And it is further Ordered, that every such wife as 
before expressed, immediately after the death of her hus- 
band, shall have interest in and unto one third part of all 
such money, Goods and Chattels, of what kind soever, 
whereof her husband shall dye possessed, (so much as shall 
be sufficient for the discharge of his Funeral! and Just 
debts being first deducted,) to be allowed and set out to her, 



170 BLUE LAWS OP 

(as before appointed) for her Dower ; provided al waves, 
that every such widow endowed as aforesaid, shall from 
time to time, maintain all such Houses, Fences, Inclosures, 
with what else shall be for her life assigned to her of such 
Estate for her Dowry, and shall in all respects leave the 
same in good and sufficient repaire, neither committing nor 
suffering any strip or wast. 

ECCLESIASTICALL PROVISIONS. 

Forasmuch as the word of God, as it is contained in the 
holy scriptures, is a pure and precious light by God in his 
free and rich grace given to his people to guide and direct 
them in safe paths to everlasting peace.* And for that the 
preaching of the same in a way of due exposition and ap- 
plication, by such as God doth furnish and send, is, through 
the presence and the power of the holy Ghost, the chief or- 
dinary means appointed of God for conversion, edification, 
and salvation. It is ordered, that if any Christian (so call- 
ed) shall within this Jurisdiction, behave himself contempt- 
uously toward the word preached, or any minister thereof, 
called and faithfully dispensing the same in any congrega- 
tion, either by interrupting him in his preaching, or falsely 
charging him with errour, to the disparagement and hin- 
drance of the work of Christ in his hands, f every such 
person or persons, shall be duly punished, either by the 
Plantation Court, or Court of Magistrates, according to 
the quality and measure of the offence, that all others may 
fear to break out into such wickednesse. 

And it is further ordered, that whensoever the ministry 
of the word is established within this Jurisdiction accord- 
ing to the order of the Gospel, every person according to 
the mind of God, shall duly resort and attend thereunto, 
upon the Lords dayes at least, and also upon dayes of pub- 

* Esay. 49 ; 23. 1 Tim. 2 ; 2. 

t Acts 13 ; 10, with Bcna his note upon it. 



NEW HAVEN COLONY. 177 

lick Fasting or Thanksgiving, ordered to be kept and ob- 
served. And if any person within this Jurisdiction shall 
without Just and necessary cause, absent or withdraw from 
the same, he shall after due means of conviction used for 
every such sinful] miscarriage, forfeit five shillings to the 
plantation, to be levied as other fines. 

It is further ordered, that all the people of God within 
this Jurisdiction who are not in a Church way, being Or- 
thodox in Judgment, and not scandalous in life, shall have 
full liberty to gather themselves into a church estate, pro- 
vided they doe it in a Christian way, with due observation 
of the rules of Christ revealed in his word ; provided also, 
that this Court doth not, nor hereafter will approve of any 
such persons as shall Joyn in any pretended way of church 
fellowship, unlesse they shall first in due season, acquaint 
both the Magistrates and the Elders of the churches within 
this colony, where and when they intend to Joyn, and have 
their approbation therein. Nor shall any person being a 
member of any church which shall be gathered without 
such notice given, and approbation had ; or who is not a 
member of some church in New England, approved by the 
Magistrates and churches of this colony, be admitted to the 
freedom of this Jurisdiction. 

And that the ordinances of Christ may be replaced, and 
comfortable provision made and continued for a due main- 
tenance of the ministry according to the Rule. 1 Cor. 9 ; 
C to 12. Gal. G; 6 ; it is ordered that when and so oft as 
there shall be cause, either through the perversenesse or 
negligence of men, the particular Court in each plantation, 
or when no Court is held, the Deputies last chosen for the 
General! Court with the Constable, or other oflicer, for pre- 
serving the peace, &x., shall call the Inhabitants, whether 
planters or sojourners, before them, and desire every one 
particularly to set down what proportion he is willing and 
ililf t<> allow yearly, while God continues his estate towards 



178 BLUE LAWS OP 

the maintenance of the ministry there.* But if any one 
or more, to the discouragement or hindrance of this work 
refuse or delay, or set down an unmeet proportion ; in any 
and every such case, the particular Court, or Deputies and 
Constable as aforesaid, shall Rate and assesse every such 
person according to his visible Estate there, with due mod- 
eration, and equal in proportion with his neighbours. But 
if after that, he deny or delay, or tender unsuitable pay- 
ment, it shall be recovered as other Just debts. And it is 
further ordered, that if any man remove from the Planta- 
tion where he lived, and leave or suffer his land there, or 
any part of it, to lye unimproved, neither selling it nor free- 
ly surrendering it to the Plantation, he shall pay one third 
part of what he paid before, for his moveable Estate, and 
Lands also ; and in each plantation where ministers main- 
tenance is allowed in a free way without Rating, he shall 
pay one third part of what other men of the lowest rank, 
enjoying such accommodations, doe pay. But if any re- 
moving, settle near the said plantation, and continue still to 
improve his Land, or such part of it as seems good to him- 
self, he shall pay two third parts of what he paid before, 
when he lived in the plantation, both for moveable estate 
and Land, or two third parts of what others of like accom- 
modation pay. 

ESCHEATS. 

It is ordered, &c, that where no heire, or owner of 
Houses, Lands, Tenements, Goods or Chattels, can be 
found upon the decease of the late Testator or proprietor, 
A true Inventory of every such estate in all the parts and 
parcels of it, shall, with the first conveniency, be duly ta- 
ken, and a Just apprizement made upon oath by fit men 
thereunto appointed by the Magistrate, or such authority as 

*3Chron.31; 4. Neh. 13; 10 to 15. 



NEW HAVEN COLONY. 179 

at the time is in the plantation, when the said Estate is, and 
the whole estate to be seized to the publick Treasury, till 
the true Heirs or ouners shall make due claime thereto, 
unto whom the same shall be restored upon Just and reason- 
able tearms. 

FALSIFYING, SEE FORGERY. 
FENCES, SEE CATTLE. . 
FINES, SEE RATES. 

Fire. 

It is ordered, &lc, that whosoever shall kindle any fire 
in woods or grounds lying in common or inclosed, so as 
the same shall burn fences, Buildings, or cause any other 
damage in any season or manner not allowed by the author- 
ity in that plantation, or on the last day of the week, or on 
the Lords day, such persons shall pay all damages, and half 
so much more for a fine to the plantation, and if not able 
to pay, shall be corporally punished as the Court shall judge 
meet. But whosoever shall wittingly and willingly burn, 
or destroy any farm, or other building, Timber hewed, 
sawn or riven, heaps of Wood, Charcoal, Corn, Hey, Straw, 
Hemp, Flax, or other goods, he shall pay double or treble 
damages, as the Court shall Judge meet; or if not able to 
make such restitution, he shall be either sold for a servant 
till by his labour he may doe it, or be severely punished as 
the case may require. 

FORGERY, OR FALSIFYING. 

It is ordered, &lc. that if any person shall Forge or falsi- 
fie any Deed or conveyance, testament, Bond, Bill, Release, 
Acquittance, Letter of Attorney, or any writing to prevent 
Equity and Justice, he shall stand on the Pillory three sev- 
erall Lecture days, or other dayes of most publick Resort, 
as the plantation Court, or Court of Magistrates, (accord- 
ing to the value of the cause,) shall appoint, and shall ren- 



180 BLUE LAWS OF 

der double damages to the party wronged; and further, he 
shall be disabled to give any evidence to any Court, or 
magistrate in this Jurisdiction, lill upon his repentance* 
satisfyingly manifested to the Court of Magistrates, he be 
by sentence released.* 

FORNICATION. 

It is ordered, &c. that if any man shall commit Fornica- 
tion with any single Woman, they shall be punished, either 
by enjoyning marriage, or fine, or Corporall punishment, 
any, or all these, as the Court of Magistrates, or plantation 
Court, duely considering the case with the circumstances, 
shall Judge most agreeable to the word of God.f 

to to 

FRAUDULENT CONVEYANCES, SEE CONVEYANCES. 

Gaming. 

To prevent much inconvenience which may grow by 
gaming, it is ordered, that no person, who either as an In 
keeper, or seller of strong Liquors, wine or Beer, enter- 
taines strangers or others, to lodge, or eat, or drink, shall 
permit or suffer any to use the game of shuffleboard, or any 
other gaming within his house, or limits, under the penalty 
of twenty shillings for every time so offending. And what- 
ever person or persons, shall so play or game, in any such 
house, or place, or in any other Gaminghouse, where there 
is a common resort to such play, or gaming, shall forfeit 
for every such offence five shillings. And whosoever shall 
so play, or game, for money, or money-worth, shall further 
forfeit double the value thereof, one half to the informer, 
and the rest to the plantation, within the limits whereof he 
so played or garhcd. 

* It is also a testimony against the ninth commandment. 
tDeut 2J; 28, 29. Exod.22 : 10, 17. 



NEW HAVEN COLONY. 181 



Although no creature be Lord, or have power over the 
faith and conciencies of men, nor may constrayn them to 
believe, or professe, against their consciencies, yet to re- 
strayn, or provide against such as may bring in dangerous 
Errors or heresies, tending to corrupt and destroy the soules 
of men, it is ordered, &c, that if any Christian, within 
this Jurisdiction, shall go about to subvert or destroy the 
Christian faith, or Religion, by broaching, publishing, or 
maintaining any dangerous errour, or herisie, or shall en- 
deavour to draw, or seduce others thereunto, every such 
person, so offending, and continuing obstinate therein, after 
due means of conviction, shall be fined, banished, or other- 
wise severely punished, as the Court of Magistrates, duly 
considering the offence, with the aggravating circumstan- 
ces, and danger like to ensue, shall Judge meet.* 

HORSES. 

Whereas many questions, and sometimes troublesome 
suits grow betwixt men, about Horses running together in 
the Woods unmarked, it is ordered, that each plantation in 
the Jurisdiction, shall have a Marking Iron, or flesh-brand, 
for themselves in particular, to distinguish the Horses of 
one plantation from another; namely, New Haven, an Iron 
made to set on the impression of an H. as a brand-mark, 
Milford an MF, Guilford a G, Stamford an S, Southold an 
S, with an OS in the middle of it, Brainford a B, which 
plantation brand-mark, is to be visibly and as sufficiently as 
may be, set upon the near buttock of each Horse, Mare, 
and Colt, belonging to that plantation.' Beside which, 
every owner is to have, and mark his Ilor^e or Horses with 
his own particular ii sh brand, having some Letter or Let- 

* 2 Cor. Jam. 1 . 12, 2. -J P< i. -J. 1, 2, with Deut. 13 ; 5. Zach. 
13; 3,6. 

10 



182 BLUE LAWS OP 

ters of his name, or such distinguishing mark, that one 
Man's Horses may be known from an others. And that 
in each plantation, there be an officer appointed, to record 
each particular man's mark, and to see each particular 
man's horse, mare, and colt, branded, and take notice, and 
to record the age of each of them, as near as he can, with 
the colour, and all observable marks, whether natural or 
artificiall ; and what artificiall marks it had before the 
branding, whether on the Ear, or elsewhere, with the year 
and day of the month when branded. And in each planta- 
tion, the officer for his care and pains, to have sixpence of 
the owner, for each Horse, Mare or Colt so branded and 
Recorded. And that after the publishing hereof, everyone 
who hath any horse or horses, of what age or kind soever, 
doe duly attend this order, at his perill ; the officer also is 
to require as satisfying evidence of his right, who presents 
any such Horse, &,c, as may be had, or to record any de- 
fect of due eivdence, that a way may be open to other 
cl aimers. 

IMPOST UPON AVINES AND STRONG LIQUORS. 

For the better support of the Government of this Juris- 
diction, &,c. that every person, merchant, seaman or other, 
who shall bring any Wine into any Harbour, or place 
within this Colony, (except it come directly from England, 
or out of some other Harbour within this Jurisdiction, 
where they have already paid custome, and that certified 
by the officer who received it, before he or they land or dis- 
pose any of it, more or lesse) shall first make entry of so 
many Buts, Pipes, or other Vessels, as he, they, or any 
of them shall put, take on shore, or any way dispose, by a 
not ire in writing, delivered to the Jurisdiction Treasurer, 
at his house, or to some other officer, appointed by each 
plantation, who is to be upon his oath for the said service, 
under the penalty of forfeiture, confiscation of all such 



NEW HAVEN COLONY. 183 

Wines as contrary to this order, are or shall be landed or 
sold before such entry made, wheresoever found, or some 
lesse penalty, as the Court shall Judge meet. Upon proof 
that the errour was committed throu ignorance, and the 
first buyer under the same penalty, shall see the same be 
done, the one half to the Jurisdiction, and the other half 
to him that informs and prosecutes in the case. And the 
merchant, or owner of such Wines of any kind, as soon 
as he imports, lands and sells them, or any of them, shall 
deliver and pay to the said Treasurer, or officer, for every 
But or Pippe of Fiall wines, or any other wines of those 
Islands, five shillings ; for every Pipe of Madary wines, six 
shillings and eight pence ; for every But or Pipe of Shevris, 
Sack, Maliga or Canary wines, ten shillings ; for Bastards 
Tents and Alligants, ten shillings. And proportionally for 
greater or lesser Vessels of each kind ; and for every Hogs- 
head of French wines, two shillings and sixpence, and 
proportionably for quarter or lesser vessels. And upon 
proof that any the forementioned wines, have been import- 
ed or landed, without such entry and payment, if neither 
the seller nor wine can be found, then double the value of 
the said customes, by this order due to the Jurisdiction, are 
to be recovered by way of action, as other debts, of the first 
buyer of said Wines, if it will not be paid otherwise. 

And it is further ordered, that whosoever shall bring any 
strong liquor, of what kind soever, into any Harbour, or 
other part of this Colony, (unlesse directly out of England, 
or out of some other port of this Jurisdiction, where cus- 
tome hath been paid, and certified, as in the case of wines) 
before he or they land or dispose of any of it, more or 
lesse, shall first make a true and full entry, of the quanti- 
ty he shall so import, or cause to be imported or landed, 
by a note in writing, delivered to the Jurisdiction Treasu- 
rer, at his House ; or to some other officer, as in the cape 
of wines, under the like penalty of forfeiture, with mitiga- 
tion if the case require it, as there, one half to the Juris- 



184 BLUE LAWS OF 

diction, the other half to him that informs and prosecutes. 
And the owner, or importer, of any such strong Liquor, as 
soon as he lands, imports and sells it, or any part of it, 
shall deliver and pay to the said Treasurer or officer, for 
every Anchor containing ten gallons, six shillings and eight 
pence, and so for greater or lesser quantities, namely, after 
the rate of eight pence a gallon. And the first buyer, shall, 
under the same penalty, see that such entry and payment 
be duly made. And that whosoever within this Colony, 
shall at any time for sale or merchandize, distill any sort of 
strong Liquor, he or shee, shall, within eight days after 
the same is distilled, and so ready for use, or sale, give in 
a like true note in w r riting, of the full quantity so distilled, 
to the Treasurer, or other officer, under the like penalty, 
and shall, within three months after, duly pay, or cause 
to be paid to the said Treasurer, or officer, after the rate 
of eight pence a Gallon, for the full quantity so distilled; 
and upon proof that any such strong Liquor hath been dis- 
tilled and sold without such entry and payment, the value 
thereof shall be forfeited to the Jurisdiction, unlesse cause 
of mitigation appear, as in the wines. And that no person 
at any time retaill any sort of strong Liquor, within this 
Jurisdiction, without expresse license from the authority of 
the plantation, within the limits whereof he so sells, where 
the selling of lesse than three Gallons at a time, is to be ac- 
counted retaill, and that due moderation be attended in 
prises when it iss retailed. But that any of any sort, be at 
any time sold above three shillings and six pence a wine 
quart. Lastly, it is ordered, if any distilling any such 
strong Liquor, within this Colony, shall by way of trade 
or Merchandize, after he hath paid such custome, ship and 
send forth, out of this Jurisdiction, any quantity of the 
same, he shall, for so much, have the said custome rcpay- 
ed, by the Treasurer, or officer who received it. 



NEW HAVEN COLONY. 185 

IMPRISONMENT. 

It is ordered that no mans person shall be imprisoned 
either for fine or debt, to the Jurisdiction or plantation, or 
particular person, if any competent means of satisfaction 
from his estate, doe otherwise appear ; but if no such es- 
tate be known, nor can be presently found, or if contempt 
and other proud and offensive behaviour against the Court 
or any authority here settled, be mingled with his cause, he 
may be imprisoned, and kept in prison at his own charge, 
if he be able, till satisfaction be made, or till the Court 
which committed him, or some Superior Court, see cause 
to release him. Provided, nevertheless, that no mans per- 
son shall be kept in prison for debt at the will of the cred- 
itor, but when there appears some estate which he will not 
produce, in which case any Court or Commissioners au- 
thorized by the General Court, may administer an oath to 
the party, or any others suspected to be employed, or privy 
to the conveying away or concealing of such Estate, or 
some of it ; but if any such person or persons, in such case 
being so required, shall refuse to discover the truth by 
oath, he shall be liable to such fine as the Court duly weigh- 
ing the case, shall Judge meet ; but if no Estate can be 
found to pay or satisfie such Just debt or debts, every such 
debtor shall satisfie by service, if the creditor or creditors 
require it, for such time as the Court considering the debt, 
shall with due moderation judge meet ; but shall not be 
sold to any out of the United English Colonyes. If the 
debt grow by any ordinary way of borrowing, contracted, 
or other engagement, and not by sinfull and heynous mis- 
carriages which disturb the public peace, which the Court 
to whose cognizance such cases are proper, will duly weigh 
and consider. Ezra 7 ; 2G. 

incest. 

It is ordered, &,c, that if any persons shall commit In- 
10* 



186 BLUE LAWS OF 

cost, which is, when being near of kin, within the degrees 
by God forbidden, they wickedly defile themselves one with 
another, they shall be put to death. Levit. 20; 11, 12, 14, 
17, 19,20,21. 



It is ordered, &c, that no plantation, Inhabitant, or So- 
journer within this Jurisdiction, shall directly or indirectly, 
for himself, or any other, purchase or truck any plantation 
or Land, upland or meadow, more or lesse of any Indian 
or Indians, or others from them, either upon the maine be- 
tween Connecticut River and Hudsons River, or upon 
Long Island, nor shall receive any land by way of gift, or 
upon any other tearms for his or their, or any, either pub- 
lick or private use or advantage, or as agent for others who 
may pretend to begin a plantation without express licence, 
either from the Court of Magistrates for this Jurisdiction, 
or at least from some one of the plantation Courts, where 
there is a Magistrate and Deputies. And in the latter case, 
the land to lye so as neither in point of title nor conveni- 
ency may concern any other plantation, but onely the plan- 
tation so licencing, under the penalty of losing and forfeit- 
ing all the Right and title purchased or obtained in any 
such land, with such further punishment for contempt as 
the Court shall judge meet. And if any person or persons, 
within this Jurisdiction, by what way or means soever be 
already justly possessed or interested of, or in any Land 
within the limits before mentioned, he or they shall neither 
directly nor indirectly by gift, sale, nor upon any other con- 
sideration or respect, alienate or return the right he or they 
have in the same, or any part of it, to the Indians, or any 
of them, without Licence from this Court ; and if any plant- 
ation within this Jurisdiction shall hereafter purchase, or 
upon any tearms receive or obtain title or Right to any 
Land from the Indians, or others from them, which may 



NEW HAVEN COLONY. 187 

concerne or convenient to another plantation within this 
Jurisdiction also ; and so there grow any question or differ- 
ence either in reference to the land or this order, it shall 
be heard and determined by this Court, that peace may be 
continued, and the conveniency of each plantation provi- 
ded for. 

And the better to suppresse or restraine the inconvenien- 
cies or mischiefs which may grow by a general and unlim- 
ited furnishing of the Indians with guns, powder, shot, or 
any other weapons or instruments proper or usefull in or for 
war, it is ordered that whosoever of, or within this Juris- 
diction, or any part thereof, shall directly or indirectly, by 
himself or any other, sel, barter, give, lend, lose, or by any 
means or device whatsoever, furnish any Indian or Indians, 
or any of them, with any guns, small or great, by what 
name soever called, or with any powder, shot, lead, or shot 
mould, or with any stocks or locks for guns, or swords, Ra- 
piers, Daggers, or blades for any such, or pikes or pike 
heads, halberts, arrow heads, or any other provision or fur- 
niture for war, of what kind soever, whether fully finished 
or not ; or what smith, or other person within or belonging 
to this Jurisdiction, shall mend any gun, stock, or anything 
belonging to it, or procure it to be done, or any the fore- 
mentioned or other weapons or instruments proper or used 
for war, without expresse written licence from this Gener- 
al] Court, or some one or more Deputed by them to give 
such licence, with directions upon what tearms, and in 
what manner, such a trade with a due respect to all the pre- 
mises shall be managed, shall forfeit and pay to the Juris- 
diction, twenty times the value of what shall be sold, bar- 
tered, or any way alienated, mended, or upon any contrive- 
ment or device, done contrary to the teuonr and true mean- 
ing of this order, or any pari of it, whereof one 4th part 
(Toeth to the informer, and the rest to the Jurisdiction. 

And to the same purpose and end, it i.< further ordered, 
that "r shall either directly or indirectly, sel, bar- 



188 BLUE LAWS OF 

tcr, or cause to be sold, &c, any guns, powder, shot, lead, 
or any of the forementioned instruments or provisions for 
war, to any person or persons inhabiting out of this Juris- 
diction, without licence from two Magistrates of this Juris- 
diction under their hands, or where there is but one Ma- 
gistrate under his hand, and the hands of two Deputies for 
the plantation Court, shall, as a fine for his breach of order 
and contempt, pay five times the value of what shall be so 
sold, bartered, &,c. 

And it is further ordered, that the Magistrate or Magis- 
trates, who at any time give any such licence under their 
hands, shall keep a true account in writing of all the par- 
ticulars and quantities he or they so licence, to whom and 
upon what grounds, that upon any question this Court may 
receive satisfaction therein ; and that every such licence be 
limited as to the particular things and quantities; so that 
to the time that if the same or any part thereof be not with- 
in the limited time sould and delivered, the licence for the 
whole or such part to be altogether void, and each sale or 
delivery after without a new licence, to be adjudged a 
breach of this Order. 

And the better to prevent controversies and disturbance 
betwixt the English and Indians in Jurisdiction ; it is or- 
dered that whosoever shal upon any occasion, trust or take 
power or pledge of any Indian for the securing of payment 
of any thing sold or lent, he shall neither after take any 
thing from him or them by force, for, or towards satisfac- 
tion, nor dispose of any pawn or pledge so received, though 
the time set for redeeming it be enquired, without either 
consent of the Indian, or licence from the Court, or from 
the authority settled in the plantation where he lives. 
Indians, sec further into the title of Inn Keepers. 

T1PLING AND DRUXKNESS. 

Indictments. 
If any person shall be indicted of, or legally charged 



NEW HAVEN COLONY. 189 

with any capitail crime, (who is not then in durance,) and 
shall withdraw, or refuse to render his person to some Ma- 
gistrate or Officer for this Jurisdiction, within one month 
after the proclamations publickly made in the town or plan- 
tation where he did formerly usually abide, there being a full 
month betwixt proclamation and proclamation; his lands 
and goods shall be seized to the use of the Jurisdiction, 
(and ordered with due respect to his family, as the Court of 
Magistrates shall judge meet,) till he make his lawfull ap- 
pearance. And such withdrawing of himself shall stand 
in stead of one witnesse to prove the crime charged, un- 
lesse he can make it appear to the Court that he was neces- 
sarily hindered. 

Inkeepers, Tilling, Drunhiess. — Ezra 7 : 26. 

It is ordered, &c, that no person or persons, shall at any 
time hereafter, under any pretence or colour whatsoever, 
undertake or become a common Victualler, keeper of a 
Cookes Shop or house for common entertainment, tavern, 
or publick seller of Wine, Ale, Strong Beer, or Strong Li- 
quor by retaile, within this Jurisdiction, nor shall any ei- 
ther directly or indirectly, sell any sort of Wine privately 
in his house, cellar, &c, or out of doores, by a lesse quan- 
tity, or under three Gallons at a time, without approbation 
and licence of the plantation court to which he belongeth ; 
and where there is no such Court without the licence of the 
Constable and major part of the freemen, under the pen- 
alty of five pounds, to be paid to the plantation for the first 
miscarriage complained of, and proved ; and ten pounds for 
the second miscarriage so proved ; and where payment can- 
not or will not be made, imprisonment during the Courts 
pleasure, for the first offence ; and for the second oflfence, 
such further punishmenl as the Court shall order. And 
that no person so licenced, shall sell any Beer or Ale above 
three pence an Ale quart, under the penalty of three shil- 
lings and four pence for such miscarriage proved the first 



}«K) BLUE LAWS OF 

time, and six shillings and eight pence the second time. 
But it is allowed and ordered, that any man that will, may 
sell Beere or Ale out of doores, at a penny a quart, or 
cheeper. 

It is further ordered, that whosoever licenced as before, 
selleth any sort of wine by retaile, that is, by any lesse 
quantity than three gallons at a time, he shall pay the Ju- 
risdiction Treasurer over and above the custome before 
mentioned, after the rate of forty shillings for every But or 
Pipe so retailed ; and every one that selleth by retale, shall 
give a true account and notice to the said Treasurer, or to 
gome other officer appointed for that purpose in each plan- 
tation, of the true or full quantity which he either buyeth 
or recciveth into his custody, and that within one week 
after he is so possessed of it, upon pain of forfeiting the 
game, or the value thereof; and shall further every six mouths 
truly account with the Jurisdiction's Treasurer, or other 
officer as aforesaid, for what he hath sold by retale as afore- 
said, and discharge the same, having due allowance for 
what he hath sold by greater parcels than by his order is 
accounted retale; and in case of delay or neglect of pay- 
ment after demand, the Treasurer or Officer shall recover it 
by action as other debts, provided that if any person shall 
give in a false account to defraud the Jurisdiction upon 
due proof, he shall pay double the value of what he would 
so have kept back. 

And it is further ordered, that every person licenced to 
draw and sell Strong Beer, Ale, Wine, or Strong Liquor, 
do see aud take care that good order, and all Rules of So- 
briety be duly attended in his course and house, and about 
the same ; and that he neither see, nor suffer any to be 
drunken, or to drink excessively, or to continue tipling 
above the space of an hour, or at unreasonable times ; or 
after nine of the clock at night, without weighty cause, nor 
that any children or servants without the consent of Parents 
or Governors, be permitted to sit or stay there drinking, o.r 



NEW HAVEN COLONY. 



191 



unnecessarily to spend their time there, especially at late or 
unseasonable hours, but that he duly complain to authority, 
that all such disorders may be seasonably suppressed, under 
the penalty of 5 shillings for the first offence, with such in- 
crease of fine for a continued slightness or neglect as the 
Court shall determine. 

Provided notwithstanding, that such licenced persons 
may entertain strangers, land travellers, seafaring men, lodg- 
ers, or others for their necessary occasions, refreshments, 
or during meals, when they come from their Journeys or 
Voyages, or when they prepare for their Journey or Voyage, 
in the night, or next day early, or such may continue in 
such houses of common entertainment, as their business 
and lawfull occasions may require, so that there be no dis* 
order among them. 

But every person found drunken, namely so, that he be 
thereby for the present bereaved or disabled in his under- 
standing, appearing in his speech, jesture or carriage, in any 
of the said houses, or elsewhere, shall forfeit for the first 
time, ten shillings; and for excess of drinking, or continu- 
ing in any such place unnecessarily at unseasonable times, 
or after nine of the clock at night, five shillings; and for 
continuing tipling there above the space of an hour, two 
shillings sixpence for the first offence, and for the second 
offence in each kind, and for all further disorder, quarrel- 
ing, or disturbance, whether a first or second time, such fur- 
ther fine or punishment as the Court shall determine. 

And for that God may be much dishonoured, and many 
inconveniences may grow by the Indians disorderly drink- 
ing of wine, Strong Water, and Strong Beer, unto which 
they arc much addicted ; it is ordered, that QO person what- 
soever, shall directly, or indirectly, within this Jurisdiction 
sel any Wine, Strong Water, or Strong Beer, to any Indian 
or Indians, or procure any for them, either to drink with- 
in this Jurisdiction, or upon any pretence to carry away, 



102 BLUE LAWS OF 

without special licence, under the hand of some Magistrate 
of this Jurisdiction, or in any plantation, where there is no 
Magistrate, under the hand of one of the Deputies, or con- 
stable where he lives; and that no licence so given, shall 
serve, or be of force, anylonger than for that one particular 
time, and for the limited quantity then granted, under the 
penalty of five shillings for the first offence, and ten shillings 
for the second ; but if any shall offend the third time, it is 
left to the plantation court where the offence is committed 
to consider the case, and to inflict such punishment or in- 
crease of fine as shall be meet ; and in any plantation, where 
at present there is no court kept, the Deputies last chosen, 
for the general court, or constable, shall require the forfeit- 
ures, and for defect of payment, make seizure of so much 
out of the Delinquents Estate; but if any person shall of- 
fend the third time, every such person, shall by the said 
Deputies, or constable, be bound over to answer it before 
the next Court of Magistrates. 

LAWS WITHOUT PENALTY. 

It is by this Court declared and ordered, that in all laws 
and orders formerly, now, or hereafter to be made, where 
no fine, or penalty is expressed and limited, all transgres- 
sours have been, are, and shall be liable to such penalties, 
or punishments, as the court of Magistrates, or any plan- 
tation court, to which the cognizance appertains weighing 
the nature of the offence, with the circumstances shall judge 
meet, liberty of appeals, or complaints, as in other cases, 
being duly presented. 

LEATHER AND SHOO-MAKERS. 

Upon consideration of the damage or injury, which may 
line by the ill coming of Leather, and by the Shooe-Ma- 
ill making it up into Shooes and Boots, it is by this 
court oidered, that in every plantation within this Jurisdic- 
tion, where cither Tanner or Shooe Maker is imployed in 



NEW HAVEN COLONY. 193 

their trades, one or two sealers shall be chosen and appoint- 
ed, as the occasions require, who shall be under oath, faith- 
fully, (according to their best ability,) to discharge their 
trust ; and shall seale no leather, but such as they judg 
sufficiently tanned, and fit to be wrought out, and sold in 
Shooes and Boots. And that every such plantation shall 
have two seales. to distinguish betwixt good leather wel and 
sufficiently tanned, and such, as though tanned enough, is 
in some other respect defective, either by overliming, or 
for want of being wel wrought upon the beame, or by frost, 
or hath received some damage in drying; so that though it 
may serve for inward or middle soales, yet not for other 
uses without dammage to the buyer ; all which Leather, so 
defective, shall be sealed with a different seale, that it may 
be known to be faulty. But that which is not sufficiently 
tanned, shall neither be sealed, nor used in Boots or Shooes 
till it be duly tanned. The choosing and appointing of 
which sealer or sealers, the print or marke, which planta- 
tion shall set upon their seales for good or faulty Leather, 
with the rate to be allowed for sealing, being left to the sev- 
erall plantations, but no tanner within this Jurisdiction shall 
upon any pretence, sel, deliver, cause or suffer to be deliv- 
ered, or pass out of his hands, or custody, any hide or hides 
till being fully dry, they be first sealed by the officer or of- 
ficers thereunto appointed, under the penalty of forfeiting 
the said Leather, or the value of it to the plantation where 
the offence is committed. 

And it is further ordered, that if any Shooe Maker shall 
use, or put any unsealed Leather, either in Boots or Shooes, 
or put any of the forementioncd faulty Leather, (though 
sealed as such,) in any outward soals, or upper Leather, or 
in any other place, which may be hurtful to the buyer, or 
wearer; or shall use any other way of deceit in making up 
his ware, he shall make due and full recompencc to the per- 
son or persons wronged, and complaining, and shall suffer 
such further punishment as his offence considered with tho 
17 



191 BLUE LAWS OF 

circumstances shall require. And whosoever shall bring 
hides from any other place, and shal sel or use any of them 
for bootes or shooes within this Jurisdiction, before they be 
sealed by some officer here, according to the import of this 
order, or shal use them in Bootes or Shooes, contrary to the 
intent thereof; the hides so sold or used, or the value of 
them shal be forfeited to the plantation where the offence is 
committed, or such recompence or Fine shall be made or 
paid, (if it grow only of ignorance) as the case may require ; 
provided that if both buyer and seller be faulty, they shall 
pay the forfeiture betwixt them; but due tenderness and 
respect is to be had of an innocent stranger, who brings, 
sels, or uses good leather, though for want of means to 
know the law, it were unsealed. 

LEVIES. SEE MARSHALL. 
LYING. 

It is ordered, that if any person above the age of fourteen 
years, shall wittingly and willingly make, and publish any 
lye, tending to the damage, or injury of any particular per- 
son, or with intent to deceive and abuse the people, with false 
news, or reports, or which may be any way pernicious to 
the publick world ; and the same complained of, and duly 
proved, either before any Court or Magistrate, or where 
there is no Magistrate, before the Constable, or other offi- 
cer, he calling one or two of the freemen to him (who are 
hereby inabled to hear and determine ordinary offences of 
this nature, according to the tenour of this Law) the offen- 
der shall pay to the plantation, where he is prosecuted for 
his lying, as it is a sin against God, for the first offence, ten 
shillings ; and if after such conviction, he offend the second 
time, he shall pay for that second offence twenty shillings, 
which fines or penalties shall be severally levied as in other 
cases. But if any such person be not able, or utterly re- 
fuse to pay the said fines, or cither of them, he shall in such 



NEW HAVEN COLONY. 195 

case be committed to the stocks ; and for the first offence 
shall continue there betwixt one and two hours ; for the 
second offence betwixt three and four hours. But if he of- 
fend the third time, he shall bepublickly whipt for the same; 
each person being notwithstanding left to his liberty, to pros- 
ecute further by action of slander, defamation, or otherwise, 
as the case may require. But the said Court, Magistrate, 
or other officer as before, finding weighty aggravations in 
the case either in the sin against God, or disturbance, and 
damage to the Publick, and to proceed accordingly ; or if 
need require may bind the offender over to the Court of 
Magistrates. John 13: 4. Psal. 119 : 69. Hosea 4 : 4, 2. 

MAGISTRATES OR OTHER JUDGES IN RELATION. 

To prevent occasions and jealousies of partial and undue 
proceedings in Courts of Justice, it is ordered, that no 
Magistrate, or Deputy, shal sit as a Judge, or among the 
Judges, when any cause of his own is tryed ; and that in 
every case of civil nature, between party and party, where 
there shal fal out so near relation between any Judg and 
any of the parties, as betwixt Father and Son, either by 
nature or marriage, Brother and Brother, Uncle and 
Nephew, Landlord and Tenant, in matters of considerable 
valew, wherein any one of them being one of the Judges is 
concerned ; such Judg, though he may be present at the 
Tryal, and may propound and hold forth light in the case, 
yet he shall neither sit as Judge, nor shal have power to 
vote or pass sentence therein ; and in case the Court, 
without such Magistrate or Deputy, may not proceed, 
either two Magistrates may be called in, or the matter re- 
ferred to the Court of Magistrates, if it be not otherwise to 
Just satisfaction issued. 

MANSLAUGHTER. 

It is ordered, that if any person, in the Just and neces- 
sary defence of his own life, or the life of another, shal kil 



106 BLUE LAWS OF 

any person attempting to Robb, or Murther in the field, 
Highway, or other place, or to break into any dwelling 
House, if he cannot otherwise prevent the mischiefe, or 
with safely of his own person, take the fellow or assailant, 
and bring him to Tryal, he shall be holden blameless. 

MARRIAGE. 

For the preventing oC much inconvenience, which may 
grow by clandestine and unlawful marriages ; it is ordered, 
that no persons shal be either contracted, or Joyned in 
Marriage, before the intention of the parties proceeding 
therein, hath been three times published, at some time of 
of publick Lecture, or Town Meeting, in the Town or 
Towns where the parties or either of them dwel, or do 
ordinarily reside ; or be set up in writing, upon some post 
of the meeting house door, in publick view, there to stand, 
so as it may be easily read by the space of fourteen daies ; 
and that no Man, unless he be a Magistrate in this Juris- 
diction, or expressly allowed by the General Court, shall 
marry any persons, and that in a publick place, if they be 
able to go forth, under the penalty of five pounds fine for 
every such miscarriage. 

And the Court, considering that much sin hath been 
committed against God, and much inconvenience hath 
growen to some members of this Jurisdiction, by the irreg- 
ular and disorderly carriage of young persons of both sexes, 
upon purpose or pretence of Marriage, did and do order, 
that in this Jurisdiction, whoever shall attempt, or indeav- 
our to inveagle, or draw the affections of any maide or 
maide servant, whether Daughter, Kinswoman, or in other 
Relation, for himself, or for any other person, without the 
consent of Father, Master, Guardian, Governor, or such 
other, who hath the present interest or charge, or (in the 
Absence of such) of the Magistrate, whether it be by speech, 
writing, message, company-keeping, unnecessary familiar- 
ity, disorderly night meetings, sinful dalliance, gifts, or any 



NEW HAVEN COLONY. 197 

other way, directly or indirectly, every such person (beside 
all damages which the Parent, Governor, or person intrust- 
ed or interessed, may sustain by such unlawful proceed- 
ings,) shall pay to the plantation forty shillings for the first 
offence ; and for the second offence towards the same party, 
four pounds ; and for the third offence, he shal be further 
fined, imprisoned or corporally punished, as the Plantation 
Court, or Court of Magistrates, considering all circum- 
stances, shall determine. Numb. 30 : 5. Exod. 22 : 16, 
17. 

And whereas some persons, men or women, do live, or 
may come to settle within this Colony, whose wives or 
Husbands are in England or elsewhere, by means whereof 
they are exposed to great temptations, and some of them 
live under suspition of uncleanesse, if they do not fal into 
lewd and sinful courses, it is therefore ordered, that all 
such persons, living within this Jurisdiction, shall by the 
first opportunity, repair to the said relations, (unless such 
cause be shewn to the satisfaction of the Plantation Court, 
that further respite and liberty be given,) under the penalty 
of paying twenty pounds fine for contempt or neglect here- 
in, provided that this order do not extend to such as are, or 
shall come over to make way for their Families, or are in a 
transient way for trafick, merchandise, or other Just occa- 
sions, for some small time. 1 Cor. 7 : 5. 

MARSHALL. 

That Justice may be the better executed, the Jurisdic- 
tions occasions carried on, and that the Marshal] and other 
officers may know how to demean themselves in their places; 
it is ordered, that in case of Hates and fines to be levied, 
and in case of debts and executions in civil actions, the 
officer shall first demand the summ due of the party, or at 
his House or place of abode, but upon refusal or nonpay- 
ment, he shall have power, (calling in such assistance as 
the case may require,) to break up the door of any house, 
17* 



198 BLUE LAWS OF 

chest, or place where he shall conceive, or have notice, 
that any goods, liable to such levy or execution, shall be: 
And if he be to take th' person, he may do the like, if upon 
demand he shall refuse to render himself; and whatever 
charges the officer, in any such case, shall be put unto, he 
shall have power to levy the same, as he doth the debt, assess- 
ment, or Fine ; and in case the officer be put to leavy any 
such goods, as cannot without considerable charge be con- 
veyed to the place where the Treasurer, or party dwelleth, 
who should receive the same, he shall levy the said charge 
also, with the rest ; provided it be lawful for any such offi- 
cer to leavy any Mans necessary Bedding, Apparel, Tooles, 
Armes, or such implements of Household stuff as serve for 
his necessity, without express direction from the Court ; 
upon whose sentence the execution or seizure was grounded, 
or at least, of some Magistrate of the Jurisdiction, but in 
such cases he shall levy his Land or person. And in no 
case, shall the officer be put to seek out any Mans Estate 
further than his place of abode ; but if the party will not 
discover his croods or Lands to a sufficient value, the officer 
may take his person. 

And to prevent the inconveniences which may grow by 
the slightness of some Mens spirits, who are apt to neglect 
and violate wholesome orders and Laws, made in the Juris- 
diction or plantations, it is ordered, that whosoever shall be 
fined by any Court, for any disorder or breach of Law, every 
such person shall forthwith pay the fine or penalty, or put in 
security specially to do it, or else shall be imprisoned, or kept 
to work, if the Court, upon due consideration of persons and 
circumstances, Judge it not meet to make other seizure. 

MASTERS AND SERVANTS, &-C. 

It is ordered, &c, that no Servant, Male or Female, or 
other person under government, shall, without license from 
In-, her, or their Masters or Governors, either crive, sel, or 



NEW HAVEN COLONY* 199 

truck any commodity whatsoever, during the time of their 
service or subjection, under the pain of such Fine or cor- 
poral punishment as the Court, upon a due consideration 
of the offence, shall Judg meet ; and that whosoever shall 
receive from, or trade with any child, Son or Daughter, 
under age, and under government, or with any servant or 
servants, in a suspitious disorderly manner, or shal harbor 
or entertaine any such in the night, or at other unseason- 
able times, or shall suffer them disorderly to meet at any 
place within their, or to play at shovel-board, or other 
game or games, to drink, spend money or provisions, or 
shal use or suffer any offensive, sinful carriage, conference, 
counsel, or songs, which in their nature tend to corrupt, 
all such persons shall be liable to such Fines, or other pun- 
ishments, as the Court shall Judge meet. 

MAYNING, WOUNDING, &,C. 

If any shal, in distempered passion, or otherwise, sin- 
fully, hurt, wound, or maine another, such person shal be 
punisht by fine, with some valuable recompence to the 
party ; and shal pay for the cure, with loss of time, &c. 
And when the case requires it, the Court of Magistrates 
are duly to consider the mind of God, as it is revealed. 
Exod. 21 : 18 to the 28. Levit. 24 : 19, 20. 

MILITARY AFFAIRS. 

For as much as the well managing of the Militia is, un- 
der God, in all places, of great import and concernment, 
for publick peace and safety, it is ordered, that (beside a 
general stock of guns, powder, shot, match, &c. provided 
and kept in store by each plantation in this Jurisdiction, 
according to former agreements of the commissioners 
for the united colonies, and orders of this Court, which 
they are hereby required to keep continually full, and 
in a constant readiness for service upon all occasions, 
and by the Deputies to make a true certificate thereof 



200 BLUE LAWS OF 

yearly to the General Court,) every male within this 
Jurisdiction, from sixteen to sixty years of age, (not 
freed by publick allowance,) shall be, and from time 
to time continue, wel furnished with arms, and all other 
suitable provision ; namely, a good serviceable gun-, such 
as shall be ordered by the Court, and allowed by the Mili- 
tary officers, to be kept in a constant fitness in all respects 
for service, with a fit and sufficient Rest, a good Sword, 
bandaleers, or home, a scowerer, a priming wire, shot 
bagg, charger, and whatsoever else is necessary for such 
service, with a pound of good powder, four pounds of pis- 
tol Bullets, or four and twenty Bullets fitted for the gun, 
four faddom of serviceable match, for a match lock gun, 
five or six good flints fitted for every firelock gunn, under the 
penalty of ten shillings for any defect; and the Military 
officers are hereby required to give or send in an account 
yearly, in May, from each plantation, to the General Court, 
or Court of Magistrates, how the inhabitants are furnished 
and provided. 

That in each plantation within this Jurisdiction, accord- 
ing to the number of Soldiers in their Trainband, and as 
they are furnished with able men for such a service and 
trust, Military officers, as need requireth, shall from time 
to time be chosen. And all the Freemen in each plantation 
shall have their vote, in the nomination and choice of them; 
provided that none but freemen be chosen. And that every 
Captaine and chiefe officer ch'sen in any of the plantations, 
for the Military affaires, shal, from time to time, be pro- 
pounded to the next General Court, after he is chosen, for 
approbation and confirmation. And if the said. Court have 
any Just exception against any so propounded, the freemen 
shall proceed to a new choice, that the Jurisdiction maybe 
furnished with such officers as in whom they may satisfy- 
ing])- confide. 

That in each plantation, the captaine or chief military 
officer, shall once in each quarter of a year at least, but 



NEW HAVEN COLONY. 201 

oftener if there be cause, order or take a strict view, how 
many male, from sixteen to sixty years of age, is furnished 
with Arms and provisions, according to the former direc- 
tions ; and where any are found faulty, the dark, or some 
other officer, shall duly present their names, with each de- 
fect, to the next plantation court, or to such officer (when 
there is no court) who hath a trust in civil affairs, that the 
fines and penalties may, from time to time, be duly levied. 
And if this view of arms, &,c. shall at any time be neglect- 
ed, or the defects not duly presented, the captain or chief 
military officer, or the other officers ordered to take this 
view, or the Clark, or officer appointed to present, &,c. 
shall pay forty shillings each quarter, when this service, or 
any part of it is omitted, as the fault, upon examination, 
shall joyntly or severally be justly charged. 

There shall be in each plantation within this Jurisdic- 
tion, every year, at least six training daies, or daies of pub- 
lick military exercise, to teach and instruct all the males 
above sixteen years of age, (who are not freed from that 
service) in the comely handling, and ready use of their arms, 
in all postures of War, to understand and attend all words 
of command ; and further, to fit all such as are in some 
measure instructed, for all military service, against there be 
occasion, under the penalty of forty shillings, to be levied 
of the military officers, as the Court, upon examination, 
shal find them more or lesse faulty ; and with respect to 
their places, the greater trust paying the greater fine for 
neglect ; which dayes of training, shall be some of them 
in the Spring of the year, before Harvest, and some in 
the latter end of Summer, before winter, as may best suit 
each plantation ; but at no time any two of these traynings 
shall be within fourteen dayes of another. 

And it is further 
ordered, that on every such Training day, the captain, or 
Chief Military oificer present, cause the names of all the 
soldiers to be read, at least in the forcnoone, but in the af- 



202 BLUE LAWS OP 

temoon also, if he see cause. And whosoever, in any- 
training day, shal be totally absent, shal pay five shillings 
for every such default ; whosoever shal at any time of the 
day withdraw himself from the service, without leave from 
the chief Military officer present, he shall pay either as for 
total absence, or a greater or lesser fine, as the offence, 
considered in all circumstances, may require; and whoso- 
ever shal come late, shal pay for each such default, one 
shilling ; and for any other disorderly offensive carriage, 
according to the nature and measure of it. This court ex- 
pecting from each plantation, that they suffer not men to 
neglect, or grow slight in service of such import. 

That a fourth part of the trained band in every planta- 
tion, shal in their course, as the Military officers shal or- 
der, come constantly to the publick worship of God every 
Lords day ; and (such as come) on Lecture dayes, to be at 
the meeting house, at latest, before the second Drum hath 
left beating, with their Arms compleat, their Guns ready 
charged, their match for their match locks, and flints ready 
fitted to their firelock guns, with Shot and Powder for at 
least five Shot, beside the charge in their guns, under the 
penalty of two shillings fine, for every person negligent or 
defective in furniture, and for late coming, one shilling; 
the sentinel also, and they that walk the round, shal have 
their matches lighted, during the time of their meeting, 
if they use their match locks, and shal diligently and faith- 
fully attend their duty, under such further penalty as the 
breach of such a trust may require. 

That a strict watch be constantly kept in the night, in all 
the plantations within this Jurisdiction, according to all 
such orders, as shal from time to time be made, either by 
the General Court, or by plantation Courts, or officers in- 
structed for civil affairs, where there is no Court; and that 
both for number of watchmen in each plantation, the time 
of setting or beginning the watch every night, their rising 
and leaving it in the morning, all other carriage and duties 



NEW HAVEN COLONY. 203 

in managing this trust, they duly attend and observe all 
directions given. And it is left to the care and considera- 
tion of the Governor, Magistrates, officers, or any of them, 
as the case may require, to double or further increase the 
watch by night, in times of danger, and to appoint some 
competent number of men to ward or walk by day, with 
their Armes in, or about the plantation, as may best tend 
to the publick safety ; and if any watchman or warder, do 
at any time neglect his duty, either in coming too late to 
the service, or departing too soon from it, not coming 
compleatly furnished with Arms, according to order, or 
any other way neglecting duty, or falsifying his trust, he 
shal pay such fine, or receive such punishment, as his neg- 
lect or unfaithfulnesse deserves, that both himselfe may be 
warned, and others may feare to be slight, or false in a 
matter of such concernment. 

But upon consideration of publick service, and other 
due respects, it is ordered that all magistrates within this 
Jurisdiction, and teaching Elders, shal at all times hereaf- 
ter, be freed, not onely in their persons, but each of them, 
shal have one son or servant by vertue of his place or office, 
freed from all watching, warding and training. And it is 
further ordered, that all ruling Elders, Deputies for Courts 
intrusted for Judicature, all the chief military officers, as 
Captains, Liefteanants and Ensignes, the Jurisdiction 
Treasurer, Deacons and all Physitians, School Masters and 
Surgeons, allowed by authority in any of these plantations, 
all masters of Ships and other Vessels .above 15 tun, ail 
public Millers, constantly imploycd, with others for the 
present discharged for personal weakness and infirmity, 
shall in their owd persons, in time of peace and safety, be 
freed from the said services; and that all other seamen and 
ship carpenters, and such as hold farms above two miles 
from any of the plantations, train onely twice a yeare, at 
such times as shall be ordered, either by the authority, or 
by the military officers of the plantation. But all persons 



204 BLUE LAWS OF 

freed and exempted from the respective services, as before, 
shall yet in all respects, provide, keep and maintain in 
a constant readinesse, compleat arms, and all other mili- 
tary provisions, as other men, Magistrates and teaching 
Elders excepted, who yet shal be constantly furnished for 
all such sons and servants as are hereby freed from the fore- 
mentioned services. Judg. 5 ; 8. 1 Sam. 13 ; 19, 22. 
Luke 22; 36. Gen. 14 ; 14. 2 Chro. 12 ; 33. 2 Chro. 
17; 18. 2 Sam. 1 ; 18. Nehem. 4 ; 16, to the end. 

MINISTERS MAINTENANCE, SEE ECCLESIASTICAL PROVISIONS. 
OPPRESSION. 

To prevent, or suppress much sin against God, and much 
damage to men, which doth, and may grow by such as 
take liberty to oppress and wrong others, by taking excess 
in wages for work, or unreasonable prises for commodities, 
it is ordered, that if any shal offend in either of the said 
cases, upon complaint and proof, every such person shall 
be punished by fine or imprisonment, according to the qual- 
ity and measure of the offence, as the court shall judge 
meet. Jer. 6; 6. Jer. 22; 15, 16, 17. Ezek. 22 ; 29. 
Hosea 12; 7. 

PLANTATIONS. 

Whereas the Freemen of every town or plantation with- 
in this Jurisdiction, have in sundry particulars, liberty to 
make orders among themselves, as about fencing their land, 
ordering or keeping their cattel or swine, &,c, as may best 
suit with their own conveniency ; it is by this court ordered, 
that if any greater cattel, of what sort soever, or swine 
belonging to one plantation, be found either unmarked, or 
proved to have done trespass, or both, within the limits of 
another plantation, the damage being duly Rated, the 
owners of such Cattel or Swine, shal from time to time, 
pay all Fines and damages, according to the Just agree- 



NEW HAVEN COLONY. 205 

raents and orders, made by the plantation where the tres- 
pass is done ; provided that the orders be such, and no other 
than what they make and execute upon themselves in like 
cases. 

POUND. POUND BREACH. 

For prevention, or due recompence of damages in corn- 
fields, or other places, done by cattel or swine; it is order- 
ed, that there shal be one sufficient pound, or more, made 
and maintained in every plantation within this Jurisdiction, 
for the impounding of such cattel or swine as shal be found 
in any cornfield, other inclosure, or place prohibited, til 
it may appear where the fault and damage ought to be 
charged. And whoso impounds any cattel or swine, shal 
give present notice to the owner, if he be known, or other- 
wise they shal be cryed at the two next Lectures, or most 
publick meetings, but if yet the owner be not found, then 
fine and damages to be recovered, as in the order about 
cattel, &c, and if any of them escape out of the pound, 
the owners, if known, shal pay all just damages and 
charges. 

But if any person or persons, shal resist, or rescue any 
cattle or swine going, or driven towards the pound, or shal 
by any way, or means, get, or convey any such out of the 
pound, without due order, from lawful authority, settled by 
this Court, he or they, shal pay for such rescue, or disor- 
der, forty shillings, and in case of pound breach five pounds, 
beside just damages to the party wronged. And if in the 
rescue, any bodily harme be done to any person, he, or 
they, may have remedy from the rescuer, or rescuers ; and 
if any such miscarriage be committed, by any, not able, or 
refusing to answer the forfeiture and damage, every such 
person shal sustaine such bodily punishment, as the court 
shall Judge meet, and shal answer all damage to the party 
by service, if Estate cannot be found, as in the case of oth- 
er just debt; and if it appear there were any procurer of 

18 



20G BLUE LAWS OF 

abettor of the former offences, every such person shal be 
liable to forfeiture, dammage, or punishment, as if he him- 
selfe had done it. 

PROrilANATION OF THE LORD'S DAY. 

Whosoever shal prophane the Lord's Day, or any part of it, 
either by sinful servile work, or by unlawful sport, recrea- 
tion or otherwise, whether wilfully, or in a careless neglect, 
shal be duly punished by fine, imprisonment, or corporally, 
according to the nature and measure of the sinn, and offence. 
But if the court upon examination, by clear and satisfying 
evidence, find that the sin was proudly, presumptuously, and 
with a high hand committed against the known command 
and authority of the blessed God, such a person, therein des- 
pising and reproaching the Lord, shal be put to death, that 
all others may fear and shun such provoaking Rebellious 
courses. Numb. 15 : from 30 to 3G verse. 

PROPHANE SWEARING OR CURSING. 

If any person, within this Jurisdiction, shall swear rashly 
and vainly, either by the holy name of God, or any other 
oath, or shal from distempered passion, or otherwise, curse 
another, he shall forfeit to the plantation, where he so of- 
fends, for the first offence, 10s. And if after such convic- 
tion, he offend the 2d time, he shall pay for that 2d offence, 
20s. and it shall be in the power of any Magistrate alone, 
or when there is no Magistrate, of any Constable, or Depu- 
ty of a particular Court, calling into him, one or two of the 
freemen, to warn or cal such a person before him, and up- 
on sufficient proof, to pass sentence, and leavy the said 
penalties, according to the usual order of Justice in this 
Jurisdiction. But if any such person be not able, or utter- 
ly refuse to pay the forementioned fines, or any of them, he 
shal in such case be committed to the stocks, and for the 
first offence, shal continue there betwixt one and two hours; 
for the second offence, betwixt three and four hours. But 



NEW HAVEN COLONY. 207 

if the same person, notwithstanding such former proceed- 
ings, shal offend the third time, by such swearing, or curs- 
ing, he shal be whipped, for his incorigible prophaneness. 
But if swearing and cursing go both together, or be accom- 
panied with other sinful aggravations, such miscarriages 
shal be punished with a higher fine, or corporally with due 
severity, as the court shal judge meet. 

RATES, FINES, &C. 

Whereas much inconvenience may arise by neglect of 
officers in collecting, and seasonably paying in, all such 
Rates, fines, and debts, as from time to time, grow due to 
the Jurisdiction Treasury ; it is ordered, that in each plan- 
tation, where the officer, or collector, doth not at the time 
appointed for the payment of all such Rates, and fines, or 
at furtherest within one moneth after, (though his office 
within, or after that month be expired) and that by distress, 
whereunto he is hereby enabled, when a milder course will 
not serve, gather and receive them, in some such pay, as 
this court hath appointed, and presently without delay, pay 
them in, as each plantation hath, or shal order, that the Ju- 
risdiction Treasurer may be duly furnished for the publick 
occasions ; that then the particular court or Constable, in 
each such plantation, cause the said Rates, and fines to be 
levied by distress, out of the proper estate of such remiss 
collector, or officer, to prevent further inconvenience, and 
disturbance to the plantation. But if any such officer, or 
collector, be removed out of the Jurisdiction, or if any of 
the planters be dead, removed or grown insolent, or if by 
any other means, the full payment of the Rates, and fines 
be hindrod, the present authority in any such plantation, by 
a due assesment, are to leavy and gather the same, of the 
present planters, and without delay, to pay it into the Ju- 
risdiction Treasurer ; otherwise the cattel, or the goods, of 
any planter or planters, arc to be seized by the Marshal, 



208 BLUE LAWS OP 

or other officer, without assistants, as in the Law for pub- 
lick charges is cxprest. 

RECORDS. 

It is ordered that all parents, masters, Housekeepers 
and others, who have either children, servants, sojourners 
or lodgers in the house, or dwelling with them, shal bring 
into the secretary of the plantation where he lives, or to 
such other officer in each plantation, as shal be thereunto 
appointed, the names of such persons belonging, or any 
way referring to them, or any of them, as shal either be 
born, or dye, with the respective time of each such birth, 
or death. And also that every new Married Man, (if mar- 
ried within this Jurisdiction,) shal bring in the certificate 
thereof, under the hand of the Magistrate or officer that 
married him, with the time when, to be recorded first by 
the officer of the plantation, where he was married ; but if 
married in another Jurisdiction, though at present or after 
he come to be an inhabitant in this, then to record the mar- 
riage where he liveth ; and to pay for every Record, wheth- 
er birth, death, or marriage, three pence, whereof two 
pence for each such Record, shal be to the officer in each 
plantation, who shal both Record in the plantation book 
and yearly deliver or send a transcript of every birth, death 
or marriage with a penny for each, to the secretary for the 
General Court. And what person soever, (to whom it 
doth belong) shal neglect to bring in a note, or certificate 
as aforesaid, together with three pence for each Record to 
the said plantation officer, more than one Month, after each 
birth, death or marriage, he shall pay for each six pence to 
the said officer ; if he neglect two months, he shal pay 
twelve pence ; if three months, five shillings; which for-, 
feits shal go, two third parts to the plantation officer, the- 
reat to the Jurisdiction officer. And if the plantation offi- 
cer shal cither neglect to Record, or deliver over the trans- 
scripts as before ; or if the secretary for the General Court, 



NEW HAVEN COLONY. 209 

shal neglect to record them, each officer for every such 
neglect shal pay to the Jurisdiction Treasurer, ten shillings. 
It is further ordered and declared , that every man shal 
have liberty to Record in the publick Register of any 
Court, any testimony given upon oath, in the same Court, 
or before two Magistrates, or any Deed, or evidence, legal- 
ly confirmed, there to remaine in perpetuam rei memoriam ; 
and that every inhabitant in this Jurisdiction shal have free 
liberty to search, and view any such publick Records or 
Registers, and to have a copie thereof, written, examined, 
and signed by the secretary, or officer of said court, paying 
the due charge or fees therefore. Also every trial betwixt 
party and party, and proceedings against Delinquents in 
criminal causes, shal be briefly and distinctly recorded, the 
better prevented, after mistakes, and other inconveniences. 

REPLEVIN. 

It is ordered and declared, that every man shal have lib- 
erty to replevy his cattle, or goods, impending, distreined, 
or seized, unless it upon execution after Judgment, or for 
payment of Rates or fines; provided he put in good secu- 
rity to prosecute the Replevin, and to satisfy such damage, 
as his adversary shal recover against him in law. 

SABBATH, SEE PROPIIANATION OF THE LORD'S DAY. 
SEAMEN, &,C. 

It is ordered, that if any Seamen, Marriner, Master of 
Ship, or Vessel, or other person, shal receive into any 
Ship, Pinnace, Bote, Cannoe, or other Vessel, by what 
name soever called, and shal carry away, or suffer to take, 
or have passage, out of any harbor, or plantation, within 
this Jurisdiction, any child, servant, or other person, wheth- 
er Male or Female, whom he knoweth to stand in relation, 
or under the charge and goverment of another, and so not 
at his or her own present dispose, or any Debtor, Delin- 
19* 



210 BLUE LAWS OF 

quent, or offender, whom he knoweth ; or hath heard to be 
under, or liable to any engagement, censure or punishment, 
to, or from any particular person, or the authority of this 
Jurisdiction, or any plantation therein, without express,, 
and written license, from some Magistrate, dwelling in that 
plantation, or from the Constable, or Deputies intrusted for 
civil affairs, where there is no Magistrate, or at least from 
the master, or Governor of the family, who hath the trust or 
power, where there is no other ingagement or guilt ; he 
shal be liable (if known and apprehended in any part of this: 
Jurisdiction) to satisfie, and pay all such debts and ingage- . 
ments as any such person oweth, or ought to satisfie, and 
to pay such damage or fine to the person wronged, or to the 
plantation, or Jurisdiction, as the court considering the 
case, with the circumstances, shal judge meet. 

SENTENCES OF JUDGMENT. 

It is ordered that all sentences of Judgment, upon crimi- 
nal causes, shal be executed upon the offenders in the pres- 
ence of the Magistrates, or one of them at least, Deut. 25, 
% of some other officer in the absence of the Magistrate. 

SERVANTS, SEE MASTERS. 
SHOOMAKERS, SEE LEATHER. 

SINGLE PERSONS. 

To prevent or suppress inconvenience and disorder in 
the course and carriage of sundry single persons who live 
not in service, nor in any family relation, answering to the 
mind of God in the lift commandment, it is ordered that 
no single person of either sex, do henceforward board, 
diet, or sojourn, or be permitted so to do, or to have lodg- 
ing or house room within any of the plantations of this ju- 
risdiction, but either in some allowed relation, or in some 
approved family licensed thereunto by the Court, or by a 
Magistrate, or some officer or officers in that plantation ap- 



NEW IIAVEN COLONY. 211 

pointed thereunto, where there is no Magistrate, the gov- 
ernor of which family so licenced, shal, as he shal conveni- 
ently, duly observe the course, carriage, and behaviour of 
every such single person, whether he or she walk dilligent- 
Jy in a constant lawful imployment attending both family 
duties and the publick worship of God, and keeping good 
order day and night, or otherwise. And shal then com- 
plaine of any such disorder, that every such single person 
may be questioned and punished if the case require it. And 
if any single person shal dyet or lodge, or if any house 
keeper shal admit or entertaine any such, contrary to the 
true meaning of this order ; or if any licenced to receive 
such, shal neglect to complaine of any disorder observed, 
all, and every such persons, shal pay such fine as the Court 
or authority appointed for the place, shal judge meet. 

SOJOURNERS, SEE STRANGERS. 

Strays* 

It is ordered, that whosoever shal take up or detain any 
stray beast or swine, or find any lost goods, he shal within 
six daies give notice thereof to the marshal, cryer, or other 
officer, appointed for such service by the plantation to 
which he belongs, who shal enter, or cause the same to be 
entered in a Book ; and take order that it be duly cryed on 
their 3 next Lecture dayes, or upon 3 several dayes of the 
Towns next General meeting, which the time will afford ; 
and if the value exceed twenty shillings, he shal cause the 
like publication to be made at the publick meetings of the 
two next Towns, that the owner may the better hear of, and 
recover what belongeth to him. And further, in the case 
of a stray beast, he shal within one moneth after such find- 
ing, put and Endeavour from time to time, a with or wreath, 
about the neck of it ; and within three months at further- 
est, (if the owner in that time appear not) he shal acquaint 
the next magistrate with the stray taken up, or goods found, 
and his due proceedings about them, that the same may be 



212 BLUE LAWS or 

apprised by such indifferent men as the said magistrate 
shall nominate and appoint. And that in six dayes after 
that, cause the apprisement to be duly Recorded by the 
Secretary of the plantation Court, or Constable, or other 
Officer there intrusted for publick affairs, with the colour, 
age, natural or artificial marks, or such other description 
as best suits the stray or goods so taken up or found. And 
if the owner of any such stray appeare within one yeare 
after such publication, he shal have restitution in kind, if 
with safety and conveniency it might be so long kept, pay- 
ing all just damages and charges to the finder and officers; 
nay, if he appear within three years after the stray was first 
taken up, (paying as before,) he shal have the ful value (ac- 
cording to the forementioned apprisement) restored. But 
if the owner shal be, and continue so negligent that neither 
in the first, second, nor third year he improve the means 
prescribed to assert and clear his title ; the said stray, or 
lost goods, (to prevent contention and inconvenience which 
may after grow,) shal be in reference to the first owner by 
sentence of the plantation Court, lost and forfeited; and 
the ful value all damages and charges to the finder, officers, 
or others, being first deducted, (wherein if there be any 
question the Court, or some indifferently chosen ; if there 
be no Court in that plantation, shal consider and deter- 
mine) shal be equally divided, one half to the plantation, 
and the other half to the finder. But if the said finder 
shal omit or neglect his duty, or any part of it, according 
to the former directions, he shal pay such damage to the 
owner, and such fine to the plantation as the Court, upon 
consideration of the miscarriage, shal judge meet; if he 
proceed further to sel, kil, or any way for his own advan- 
tage, dispose or alienate the property of such stray without 
attending the said directions, he shal upon proofe, pay 
double the value either to the owner, if he may be found, 
or to the plantation to which the finder belongs; provided, 
also, that if the owner or other person shal injuriously 



NEW HAVEN COLONY. 213 

without order from authority, or consent of the finder, take 
off such with or wreath, or take away such stray (after such 
with or wreath to his knowledge hath been put on,) before 
he have cleared his interest and given satisfaction for dam- 
ages, or charges expended, he shal forfeit the ful value of 
the stray apprised as before, to the use of the finder. 

STRANGERS, SEE COURTS. 
STRANGERS COMPLAINING. 

If any stranger, or person of another nation, complain 
of injury received from any within this Jurisdiction ; it is 
ordered that due search and enquiry be made concerning 
the same, that justice may have a free passage; and that 
the stranger (if wronged) may receive due satisfaction, ei- 
ther out of the estate of the offender, or by his corporal 
punishment, as the case may require, and according to 
Mat. 7; 12. Exod. 22 : 21. 23:9. 

STRANGERS, SOJOURNERS AND SERVANTS. 

To prevent sundry inconveniencies which may grow to 
this Jurisdiction, and the plantations thereof, by the incon- 
siderate and disorderly receiving and entertaining of stran- 
gers or others) to be planters or sojourners in any part of 
this Colony ; it is ordered that hence forward, no person 
receive or entertain any man or woman, of what age or 
quallity soever, coming or resorting either from forraign 
parts, or from other Jurisdictions or plantations, into any 
plantation, or farme-house, or habitation, within the bounds 
or limits of any plantation within this Jurisdiction, to set- 
tle as a planter or sojourner, nor scl, give, nor any way al- 
ienate or pass over, lease, or let, any house, or house-lot, or 
any part or parcel of any of them, or any land of what 
kind or quality soever, nor shal permit any such to stay or 
abide above one moneth, without a licence from and under 
the hand of some Magistrate duelling in that plantation, or 
without the consent and express order of the mnjor part of 



214 BLUE LAWS OF 

the freemen of such plantation, where there is no Magi£-> 
trate, or without the consent and order of the greater part 
of the Inhabitants, where there is neither church nor free- 
men, under the penalty of ten pounds, to be paid as a fine 
to the plantation where this order is violated. Yet, if any 
such violation or offence be made or committed only by 
error or mistake, and with smal or no inconvenience to the 
plantation or Jurisdiction, the fine or penalty may be mod- 
erated as the plantation Court, or Court of Magistrates, 
shal see cause. Provided that this order is neither intended 
nor reacheth to travellers, nor such as resort hither in a way 
of merchandise or trade, nor to the entertainment of Friends, 
who, in a way of love, come only to visit and walk inoffen- 
sively, nor to servants received and entertained upon family 
respects. In all which cases, as every perticuler person con- 
siders his own conveniency in receiving and entertaining: 
so the Court of Magistrates or plantation Court, will con- 
sider how far they may justly free the Jurisdiction, or plan- 
tation, from inconvenience and charge. But it is by this 
Court ordered, that if any servant fal sick, or any way de- 
seased or distempered during the time of service by cove- 
nant or agreement, the Governor of such servant while 
that tearm lasteth, shal provide what is necessary without 
putting any burden or charge upon the plantation or Juris- 
diction. And if such hurt came or were brought upon 
such servant by the cruelty or miscarriage of the family 
governor, such governor shal allow recompence or mainte- 
nance after the time of relation is expired, as the planta- 
tion Court shal judge meet. But if the hurt came by any 
providence of God, without the default of the family Gov- 
ernor, the plantation shall dispose or provide for such ser- 
vant after his or her time of service is expired, as the case 
may require. 

And to prevent difference or questions which may arise, 
and grow within this Jurisdiction ; it is agreed and ordered, 
that if any person, male or female, elder or younger^ 



NEW HAVEN COLONY. 215 

whether with or without license, shal hereafter sojourne, or 
have constant dwelling or abode, within the limits of any 
plantation in this Jurisdiction, for and during the tearm or 
time one whole year, every such person shal to all purposes 
(in reference to any plantation within this Jurisdiction, but 
no further,) be accounted an Inhabitant there, and shal not 
be sent back, or returned, (unless to some particular per- 
son, standing and continuing in relation to receive and 
provide, as the case may require,) nor shal the Jurisdiction, 
or any other plantation in it, be liable to any charge or 
burden, in reference to any such person, though he or she 
hath dwelt elsewhere in the Jurisdiction before. 

STRIPES. 

Stripes, or whipping, is a correction fit and proper in 
some cases, where the offence is accompanied with childish 
or brutish folly, with rude filthiness, or with stubborn inso- 
lency, with bestly cruelty, or with idle vagrancy, or for faults 
of like nature. But when stripes are due, it is ordered, that 
not above forty stripes shal be inflicted at one time. Deut. 
25 : 3. Prov. 19 : 29. c. 26 : 3. 

SUITS VEXATIOUS, SEE DAMAGES PRETENDED. 
SWEAPvING, SEE PROPIIANE SWEARING. 
SWINE, SEE CATTEL, AND SEE PLANTATIONS. 
THEFTS, SEE BURGLARY. 

TRESPASS. 

It is ordered and declared, that in any Trespass or dam- 
age done to any man or men, if it appeare, or can be proved 
to be done, by the nicer default of him or them upon the 
losse or damage fals, it shall be Judged no trespass, nor any 
recompcnce allowed for it. 

MATCH, SEE MILITARY AFFAIRS. 



21G BLUE LAWS OF 

WEIGHTS AND MEASURES. 

Whereas a considerable part of Righteousnesse, between 
buyer and seller, doth consist in known, certain, and just 
weights and measures, it is ordered, that in every plantation 
within this Jurisdiction, there be several standards procured 
and sealed, that they may be uniform and certain, viz : for 
weights, a set of Brass weights to 4 pounds, with the less 
weights included, according to the Averdepois pound, con- 
sisting of sixteen ounces, with a good Beam and Scales fit 
to try them. And so for corn measure, the Bushel, halfe 
Bushel, Peck, and halfe Peck, to be fitted to Winchesters 
measure in England, and alike in all plantations. And 
measures for liquid things, as Ale quart, wine quart, wine 
pint, &c, and that there be one Ell and a yard, that all and 
each may be according to the use in London, as is gene- 
rally practiced in these United Colonies. And that in goods 
sold by the Ell or yard, a thumbs breadth be allowed to the 
length of each Ell and yard ; in goods sold by the hundred 
weight, that five score and twelve be allowed. And in all 
sorts of nails sold by the hundred, six score be allowed to 
the hundred, according to the course in England. 

And that in each plantation within this Jurisdiction, some 
fit man or men be chosen and appointed, under the oath 
view, and try all the forementioned weights and measures, 
used in buying and selling, at least once a year, but oftener 
if there be cause, and to fit them to the forementioned 
standards, and then to mark them with some such known, 
approved mark, and to have such allowance for the same 
as each plantation shal order; which viewers or officers, so 
sworn, shal, in each plantation yearly, (beside extraordinary 
viewers,) appoint a convenient time and place to prove 
and try all such weights and measures, and shal give pub- 
lick or due notice of it ; and such weights or measures as 
cannot be brought or conformed to the standard, shal be 
ordered or destroyed, that they be no more used in buying 
or selling. 



NEW HAVEN COLONY. 217 

Lastly, if any viewer or officer, so chosen and sworn, do 
neglect his duty and trust, in any part of the premises, he 
shal pay as a fine to the plantation, forty shillings. If any 
person, within this Jurisdiction, after such notice given, 
shal neo-lect to bring- in his weights and measures, at the 
time and to the place appointed, he shal pay three shillings 
four pence, for every such default, one halfe to the viewer 
or officer, and the other halfe to the plantation. But if any 
person within this Jurisdiction, shall at any time buy or sel 
by any false or unallowed weight or measure, to the damage 
of his neighbour, he shall pay (beside restitution,) such 
fine to the plantation as the Court, considering the nature 
and measure of the offence, shall Judge meet. 

WILLS, INVENTORIES, AXD THE ESTATES OF SUCH AS DYE 
INTESTATE. 

It is ordered, that when any person dyeth possessed of an 
Estate, within this Jurisdiction, whether it be greater or 
lesse, the Secretary of each plantation, or some officer 
thereunto appointed, shal enquire and call for the last wil 
and testament of every such person, together with a true 
inventory of all the goods and Estate of the deceased, with- 
in this Jurisdiction, which with the first convenience, shal 
be Justly prized, and the Estate disposed or preserved, as 
the case shal require. But the Will, (if any be made and 
found,) and the inventory, shal be duly and respectively 
proved by oath, the wil by witnesses, the Inventory for the 
quantity of goods, by Executors, Administrators, or such 
as have had the Estate in custody. And for the valuation 
by the Apprisers, who shal be approved and appointed there- 
unto, by the plantation Court, or by some Magistrate or 
authority there settled, and shal be recorded by the secre- 
tary or some other officer, in all the particulars, and so kept 
among the plantation Record.-, and after presented to the 
next Court of Magistrates, or at the furtherest, to the next 
Court but one, after the party deceased, under such penalty 
lfl 



21S BLUE LAWS OF 

as the Court shall Judge meet, and delivered to the Secre- 
tary for the Jurisdiction, who shal keep all original wills 
and Inventories upon the file, and enter onely a brief ab- 
stract of them among the Jurisdiction Records ; namely, 
the date of the wil, the names of the witnesses, when 
proved, when the Inventory was taken, the persons by whom 
the Estate was prised, with the summe it amounts to, and 
writing upon the Wil and Inventory in what folio the prem- 
ises are entered in the Book of Records. And six shillings 
be paid for every such Wil and Inventory. But in planta- 
tions where there is no Court, the Jurisdiction Secretary 
shal, at each General Court, call the Deputies for such 
Wils and Inventories, which can be brought in and entered 
at large, in a Book of Records, kept by the Court of Ma- 
gistrates for that purpose, and the originals kept on the file, 
as before expressed. And in such cases, the Jurisdiction 
Secretary to receive the fees due both to himself and the 
plantation Secretary. And when either the Wils or Inven- 
tories, or both, are large, and require much writing, the 
Court of Magistrates, or plantation Court, may enlarge the 
Secretaries fees. But if through the unskilfulnesse, or in- 
advertency of any person, any Wil or Wils, made or left, 
want due form, or cannot be legally proved, in such case, 
the Court, following as near as they rationally may the 
scope and aim of the testator, the Executor, or Adminis- 
trator, before any of them intermeddle or have any power 
of such an Estate, shal (if the Court see cause,) put in 
sufficient security, which shal stand in force three years 
from the date, to deliver back the value of the whole Estate, 
or such part of it as the Court shal find Just cause other- 
wise to dispose of. 

But if no Wil be found, then the Court of Magistrates, 
or plantation Court, shal consider who hath the next right 
of Administration, and when any such doth administer, he, 
she, or they, shal give such Bond or security as the Court, 
considering the value of the estate, with such questions as 



NEW HAVEN COLONY. 219 

are like to arise, shal Judge meet, to bring in a true inven- 
tory, within a convenient time limited, and to dispose of 
the whole estate, as the Court, according to the laws here 
settled, shal see cause to order, that the true estate, all Just 
debts being paid, and all necessary expences discharged, 
such as about the Funeral of the deceased, prising the 
goods, bringing in the Inventory, immediate and reasonable 
charges of housekeeping til things (without unnecessary 
delay) may be settled, shal be divided and allotted as follo- 
eth ; namely, one 3d part at least, to the widow of the de- 
ceased, if he leave a widow. And if there be children left, 
not or not duly provided for, two third parts at most to them, 
with due respect to the eldest son, who is to have a double 
childs proportion of the whole estate, Real and personal, 
unlesse the General Court, upon Just cause and grounds 
shal judge otherwise, either for dividing the Estate, or for 
the portion of the first born. But in case the Intestate 
leave his wife (who hath well deserved of him while he 
lived,) and but one child, one third part of the Estate shal, 
as before, go to the Widow, and one third part to the child; 
but the other third part shal be divided by the plantation 
Court, as they see cause, betwixt the widow and the child, 
reserving liberty for an appeal, either to the Court of Ma- 
gistrates or to the General Court, as in other cases. 

WINE, SEE IMPOST. 
WITNESSES. 

That Justice may have the more free passage, it is or- 
dered, that any one Magistrate or other officer, authorised 
by the General Court, may, upon oath, take the tostimony 
of any person of fourteen years of age or above, being of 
sound understanding and of good reputation, in any case, 
civil or criminal, out of court, and testifie the same, if iu 
be desired, by his subscription, for evidence in another Ju- 
risdiction. But if be for this Jurisdiction, the Magistrate 



220 BLUE LAWS OF 

or officer is to keep the same in his own hands or custody, 
til the court, or deliver it to the Secretary or other officer, 
to be recorded, that nothing be altered in it. And yet 
where any such witnesse lives in the plantation where the 
court is held, or at furtherest within sixteen miles of it, and 
is not disabled by sicknesse or other infirmity ; the said 
testimony, so taken out of court, (especially in capital 
causes,) shal not be received or made use of in court, ex- 
cept it were either at first taken in presence of the party 
testified against, or that the witnesse be after present in 
court, to be (if there be cause,) further examined about it 
And it is further ordered, that any person, (by warrant from 
a Magistrate, or other officer thereunto authorised,) sum- 
moned to appeare as a witnesse in any civil case betwixt 
party and party, shal not be compellable to travel to any 
court in another plantation, where he is to give his testi- 
mony, except he who procured the summons, shal first lay 
down or give him satisfaction for his travel and expences 
outward and homeward, after the rate of two shillings a 
day, in proportion to the length of the way, and for such 
time as he shal necessarily spend in attendance about such 
case at the court or place, due recompence shal be awarded 
by the court. And if any witnesse so summoned, and 
after such payment, or satisfaction, shal fail to appeare to 
give his testimony, he shal (upon an actionof the case,) be 
liable to pay the parties damages. And the like appearance 
(under such penalties as the nature and weight of the case 
may require,) shal all witnesses (being summoned) be bound 
to make, to give evidence in criminal causes, who shal also 
have due satisfaction from the Treasurer, upon notice and 
direction from the secretary of the court where the case 
was tried. And it is further ordered, that in all such cases, 
the charges of the witnesses shal be born by the Delin- 
quent, and shal be added to the fine or censure imposed. 
That what the treasurer, upon such warrant from the court, 
shal disburse to the witnesses, may be duly repaid by the 






NEW HAVEN COLONY. 221 

offender, that neither the Jurisdiction nor plantation be 
unnecessarily burdened. 



WOLVES. 



Upon experience of great hurt already done by wolves in 
these parts, and upon consideration how mischievous the 
increase of them may prove, it is (for the incouragement of 
all such as wil set themselves to kil and destroy them,) or- 
dered, that whosoever shall kil an old Wolf, within this 
Jurisdiction, and bring his head, shal have for the same 
20s., and for each young Wolf so killed, 10s. And that 
the Indians have for each old Wolfes head, so killed, five 
shillings; and for each young one, 2s. and 6cL, which sev- 
eral sums are to be paid by the plantation within the limits 
whereof sush Wolfe is killed, the bounds whereof are the 
lines betwixt each plantation ; and to this purpose so to be 
accounted 12 miles up into the country. 



SOME PRESIDENTS AND FORMES OF THINGS FREQUENTLY 
USED. 

Summons. 

To (A. B.) Husbandman of B. you are to appeare at the 
next Court, holden at N. on the day of month 

next ensuing, to answer unto the complaint of (C. D.) for 
withholding a debt of due upon a Bond or Bills, &c. 

or for a Horse, &c. sould you by him, or for work, or for a 
trespass done him, in his Corne or Hay, by your cattel, or 
for a defamation, or Slander you have raised or brought 
upon his name, or for striking him, or the like. And hereof 
you may not fail at your peril. Dated the 
day of month, 1G55. 

An Attachment. 

To the Marshal or constable of (N.) or to his Deputy ; 
19* 



222 BLUE LAWS OP 

you are required to attach (when the case requires it) the 
body and goods of (E. F.) and to take Bond of him to the 
value of with sufficient surety or sureties, for his ap- 

pearance at the next court holden at (N.) on the day 

of the month, then and there to answer the complaint 

of (G. II.) for &lc. as before, and so make a true returne 
thereof, under hand. Dated the day, &c. 

Bond for Appearance. 

Know all by these presents, that we (E. F.) of M., Hus- 
bandman, and (I. K.) of the same plantation, carpenter, do 
bind ourselves, our Heirs and Executors, to (L. M.) Mar- 
shal, or (N. O.) Constable of (N.) aforesaid, in pounds, 
upon condition that the said (E. F.) shal personally appeare 
at the next Court at (N.) to answer (G. H.) in an action of 
and to abide the order of the Court therein ; and 
not to depart without license. 

Replevin. 

To the Marshal or Constable of you are required 

to Replevin two Heifers of (P. R.) now distrayned or im- 
pounded, by (S. T.) And to deliver to the said (P. R.) 
provided he give Bond to the value of with sufficient 

surety or sureties, to prosecute his Replevin, at the next 
court holden at (S.) and so from court to court, til the 
cause be ended ; and pay such costs and damages as the 
said (S. T.) shal by law recover against him, and so make 
a true return thereof, under your hand. Dated, &,c. 

Oath of Fidelity. 

You (S. T.) being by the providence of God, an Inhab- 
itant within New Haven Jurisdiction, do freely and sin- 
cerely acknowledge yourselfe to be subject to the Govern- 
ment thereof; and do here sweare by the great and dreadful 
name of the everlasting God, that you wil be true and faith- 
ful to the same ; and will yield due assistance thereunto, 



NEW HAVEN COLONY. 223 

with your person and Estate, as in equity you are bound ; 
and wil truly indeavour to entertaine and preserve all the 
liberties and priviledges thereof, submitting yourself to all the 
Just and wholesome Laws and orders, which already are, 
or shal hereafter shal be by lawful authority there made and 
established. And further, that you will neither plot nor 
practice any evil against it, nor consent to any that shal do 
so. But will fully and timely discover the same to lawful 
authority there settled, for the speedy preventing thereof. 
And that you wil, as in duty you are bound, maintaine the 
honour of the same, and of all the lawful Magistrates there- 
of, promoting the publick good, whilst you shal continue 
an Inhabitant there : and whensoever you shal be duly called 
as a free Burgess, according to the fundamental order and 
agreement for Government in this Jurisdiction, to give your 
vote or suffrage, touching any matter which concerneth this 
Colony, you shal give it as your conscience you shall judge 
may be conduce to the best good of the same, without re- 
spect of person, or favour to or from any man. So help 
you God in our Lord Jesus Christ. 

Governors Oath. 

Whereas you (A. B.) are chosen to the place of Governor 
within this Jurisdiction, for the ensuing year, and til a new 
Governor be chosen and sworn, you do here swear by the 
great and dreadful name of the everliving God, to maintaine 
(according to the best of your ability) all the lawful privi- 
ledges of this commonwealth ; according to the fundamen- 
tal order and agreement made for government thereof, and 
that you will carry and demean yourself for the said time 
of your Government, according to the Laws of God, and 
the advancement of his Gospel, the Laws of this colony. 
And the good of the Inhabitants thereof, you shal do Jus- 
tice to all without partiality, as much as in you lyeth. So 
help you God. 



9.2 I BLUE LAWS OF NEW HAVEN COLONY". 

Deputy Governor and Magistrates. 

"Whereas you (C. D.) are chosen to the place of Deputy 
Governor, &c, or you (E. F.) are chosen to the place of 
Magistrate, &c, as in the Governors oath, mutatis mutan- 
dis. 

Other Officers and Witnesess. 

Several other oaths are to be administered to other offi- 
cers, as Secretary and Treasurer for the Jurisdiction, Dep- 
uties for particular Courts, Marshal, Constable, Witnesses, 
&c. But the substance of their oaths is to ingage them to 
a faithful discharge of the duty of their places and trust, 
according to the best of their ability, to preserve the peace 
of the Jurisdiction, and to give ful and true evidence in the 
cases wherein they give testimony. 



EXTRACTS 



BLUE LAWS OF VIRGINIA 



1662. — All persons that shall be cast in any cause 
(whether Plaintiff or Defendant,) shall be emerced, besides 
damages and costs, 50 lbs. of Tobacco in General Courts, 
and in County Courts 30 lbs. of Tobacco, to be levied by 
the Sheriffs of the respective Counties by distress, (Execu- 
tors and Administrators excepted.) 

Every man able to bear arms, shall have in his house a 
fixed Gun, 2 lbs. of powder, and 8 lbs. of Shot at least, to 
be provided by the master of the Family, under the penalty 
of being fined 50 lbs. of Tobacco. 

1662. — All causes of what nature soever, may be tryed 
at the County Courts, except for Life or member. No ar- 
rests shall be to the General Court under the value of 1600 
lbs. of Tobacco, or c£16 Sterling. 

1662. — Every person who refuses to have his child Bap- 
tized by a lawful Minister, shall be amerced 2000 lbs. of 
Tobacco; half to the Parish, half to the informer. 

1662. — A church shall be built in each parish of the 
country, unless the Inhabitants arc so few and poor as they 
are incapable of so great a charge : then they shall be an- 



226 BLUE LA.WS OF 

ncxed to some groat parish of the same county, and a 
chapel of ease built for them. 

For the more orderly managing of all parochial affairs, 
twelve of the most able men of every parish shall be chose 
to make a Vestry ; out of which number, the minister and 
Vestry shall choose two church wardens yearly. 

None shall be admitted of the Vestry without taking the 
oaths of Supremacy and Allegiance, and subscribing to be 
conformable to the church of England. 

The whole Liturgy of the church of England shall be 
thoroughly read at church or chapel, every Sunday; and 
the Canons for divine service and sacraments duly observed. 

No other Catechism shall be taught or expounded than 
the church Catechism inserted in the Book of common 
prayer. 

Church Wardens shall present at the County Court 
twice every year, in December and April, such misdemean- 
ors of Swearing, Drunkness, Fornication, &.c, as by their 
own knowledge, or common fame, have been committed 
during their being Church Wardens. 

To steal, or unlawfully to kill any Hog that is not his 
own, upon sufficient proof, the offender shall pay to the 
owner 1000 lbs. of Tobacco, and as much to the informer : 
and in case of inability, shall serve two years, one to the 
owner, and one to the informer. 

He that brings home a Hog, or Hogs, without their Ears, 
shall be adjudged a Hog Stealer. The receiver shall be 
accounted an actor in the trespass. 

Where a Freeman is punishable by Fine, a servant shall 
receive corporal punishment, viz., for every 500 lbs of To- 
bacco, 20 lashes, and so proportionable, unless the master, 
or other, will redeem them by making payment. 

1662. — The Man and Woman committing Fornication, 
shall pay each 500 lbs of Tobacco, and to be bound to 
their good behaviour. If either of them be a servant, the 



VIRGINIA. 227 

master shall pay the 500 lbs. of Tobacco, and the servant 
shall serve half a year longer than his time. If the master 
shall refuse to pay, then the servant to be whipt. If a Bas- 
tard be got and born, then the woman to serve her master 
two years longer than her time, or pay him 2000 lbs. of 
Tobacco ; and the reputed Father to give security to keep 
the child. 

1GG2. — No Indians shall come into the English bounds 
without a Badge in their company to shew what King they 
belong to, and if any damage or injuries be done by any of 
them to any Englishman, then the King, or great man of 
the place the badge denotes, shall be answerable for it. 

No person of whatever quality, shall entertain any of the 
neighbouring Indians without licence from the Governour. 

1GG2. — No marriage shall be reputed valid in law but 
such as is made by the minister according to the laws of 
England. And no minister shall marry any person without 
licence from the Governour or his Deputy, or thrice publi- 
cation of Bans, according to the Rubrick in the common 
prayer Book. The minister that doth marry contrary to 
this act, shall be fined 10,000 lbs. of Tobacco. 

Glebe shall be laid out in every parish, and a convenient 
House built for the Minister, and such provision made for 
his maintenence, in the valuable and current commodities 
of this country, as may be rally worth 80£ per An. besides 
his perquisites and Glebe, viz., if in Tobacco, at 12s per 
hundred; in corn, 10s. per Barrel ; if in Bills of exchange, 
security for the certain payment; and in case of protest, he 
shall recover 50 per cent damages. 

1GG2. — All persons keeping tipling Houses without li- 
cence, shall be lined 2000 lbs. of Tobacco, half to the 
county, and half to the informer. 

No master of any Ship, Vessel, &c, shall transport any 
person out of this colony without a pass under the Secre- 
taries hand, upon the Penalty of paying all such debts as 



any such person shall owe at his departure, and 1000 lbs. 
of Tobacco to the Secretary. 

The Court in every county shall cause to be set up near 
the Court House, a Pillory, a pair of Stocks, a Whipping 
Post, and a Ducking Stool, in such place as they shall 
think convenient : which not being set up within 6 months 
after the date of this Act, the said Court shall be fined 
5000 lbs. of Tobacco. 

1662. — In actions of slander occasioned by a mans wife, 
after judgment past for damages, the woman shall be pun- 
ished by Ducking, and if the slander be such as the Dama- 
ges shall be adjudged at above 500 lbs. of Tobacco, then 
the woman shall have ducking for every 500 lbs. of To- 
bacco adjudged against the Husband, if he refuse to pay the 
Tobacco. 

Enacted that the Lords Day be kept holy, and no jour- 
neys be made on that day unless upon necessity. And all 
persons inhabiting in this country having no lawful excuse, 
shall every Sunday resort to the parish church or chappel, 
and there abide orderly during the common prayer, preach- 
ing, and divine service, upon the penalty of being fined 50 
lbs. of Tobacco by the County Court. 

This act shall not extend to Quakers, or other Recu- 
sants, who totally absent themselves, but they shall be lia- 
ble to the penalty imposed by the Stat. 23, Eliz. viz., £20 
sterling for every months absence, &c, and all Quakers 
assembling in unlawful conventicles, shall be fined every 
man so taken, 200 lbs. of Tobacco for every time of such 
meeting. 

All ministers officiating in any public cure, and 6 of 
their Family, shall be exempted from public Taxes. 

1663. — If any Quakers, or other Separatists whatsoever 
in this colony, assemble themselves together to the number 
of 5 or more, of the age of 16 years, or upwards, under 
the pretence of joyning in a Religious worship not author- 



VIRGINIA. 229 

ised in England or this country, the parties so offending, 
being thereof lawfully convicted by verdict, confessions, or 
notorious evidence of the fact, shall for the first offence 
forfeit and pay 200 lbs. of Tobacco ; for the second offence 
500 lbs. of Tobacco, to be levied by warrant from any Jus- 
tice of the Peace, upon the goods of the party convicted ; 
but if he be unable, then upon the goods of any other of 
the Separatists or Quakers then present. And for the third 
offence, the offender being convicted as aforesaid, shall be 
banisht the colony of Virginia. 

Every master of a Ship or Vessel that shall bring in any 
Quakers to reside here after the 1st of July next, shall be 
fined 5000 lbs. of Tobacco, to be levied by distress and 
sale of his goods, and enjoyned to carry him, her, or them 
out of the country again. 

Any person inhabiting this country, and entertaining any 
Quaker in or near his House to preach or teach, shall for 
every time of such entertainment, be fined 5000 lbs. of 
Tobacco. 

1665. — The sale of Arms to the Indians shall be wholly 
prohibited, and whosoever shall sell or barter Powder, Shot, 
Guns or Ammunition, to any Indian, shall be fined 10,000 
lbs. of Tobacco, or suffer two years Imprisonment for the 
first offence, and for the second be prosecuted as a Felon. 

Where any Englishman is murdered by the Indians, the 
next Indian town shall be answerable for it with their lives 
and liberties. 

1667. — Enacted and declared, that Baptism of the chil- 
dren of Slaves, or those of greater groth, doth not alter the 
condition of the person as to his Bondage or Freedom. 

1668. — The 27th of August appointed for a day of 

Humiliation fasting and prayer, to implore Gods mercy; if 

any person be found upon that day, Gaming, Drinking or 

working, (works of necessity excepted) upon presentment 

20 



by the Church wardens, and proof, he shall be fined 100 
lbs. of Tobacco, half to the informer, and half to the poor 
of the Parish. 

1668. — For any person maliciously to publish and de- 
clare by words or writing, that the acts of Assembly not re- 
pealed or expired, vacated or nulPd by the King, are not 
of force and binding to all his Majesty's subjects within 
this his dominion ; such persons shall be adjudged seditious, 
and being thereof convicted, shall be fined for the first of- 
fence 1000 lbs. of Tobacco, and suffer one month's impris- 
onment; for the second offence, 2000 lbs. of Tobacco, and 
two month's imprisonment ; and for every offence after, 
double the penalties and forfeitures aforesaid : one half of 
which forfeitures to the King, the other to the informer, to 
be recovered by action of Debt, in any of his Majesties 
Courts in the country. 

1670. — None but freeholders and house keepers, shall 
have any voice in the Election of Burgesses — every county 
not sending two Burgesses to every session of the Assem- 
bly, shall be fined 10,000 lbs. of Tobacco to the use of the 
public. 

1670. — Whosoever shall renew the late quarrels and 
Heart burnings by names and terms of distinction, viz., 
Rebel, Traytor, and being therefore convict, shall forfeit 
400 lbs. of Tobacco. The like fine upon those who shall 
provoke any of the Loyal party, by ill language, &c. 

1673. — Captains of Foot and Horse, shall take a strict 
account of what Arms are wanting, and represent the same 
to the Colonel, and he to the County Court, under penalty 
of 1000 lbs. of Tobacco for a Captain, and 2000 lbs. of 
Tobacco for a Colonel. 

1676. — The allowance of every Burgess for the future, 
shall be 120 lbs. of Tobacco and cask per day ; to com- 
mence two days before every Assembly, and continue two 



VIRGINIA. 231 

days after. And for their traveling charges, there shall be 
allowed to those that come by land 10 lbs. of Tobacco per 
day for every Horse so used. And for water passage, pro- 
portionable are set forth and ascertained. 

16T9. — The first offence of Hog stealing, shall be pun- 
ished according to the former law; upon a second convic- 
tion, the offender shall stand two hours in the Pillory, 
and lose his Ears ; and for the third offence he shall be tried 
by the laws of England, as in case of Felony. 

1680. — No licensed Attorney shall demand or receive 
for bringing any cause to judgment in the General Court, 
more than 500 lbs. of Tobacco and cask ; and in the 
County Court 150 lbs. of Tobacco and cask ; which Fees 
are allowed him without any pre agreement. 

If any Attorney shall refuse to plead any cause in the re- 
spective Courts aforesaid, for the aforesaid Fees, he shall 
forfeit as much as his fees should have been. 

16S0. If any negro, or other slave, shall lift up his hand 
in opposition against any Christian, upon due proof by 
oath of the party, he shall have 30 lashes, on the bare Back, 
well laid on. 



BLUE LAWS OF BARBADORS 



1G99. — All persons inhabiting this Island are strictly 
charged and commanded in his Majesties name, to conform 
themselves to the government and discipline of the Church 
of England, as the same hath been established by several 
Acts of Parliament; which acts the Ministers of every 
Church are required to read publicly in their several 
Churches, that all persons may know their duty. 

All Justices of the Peace, Church Wardens, and other 
officers that may give furtherance to the execution of said 
Acts, are required in his Majesties name, to do their en- 
deavour therein, to the utmost of their power. 

All masters and overseers of Families, shall have prayers 
openly said or read every morning and Evening in his 
Family, under penalty of 40 lb. of Sugar, half to the pub- 
lick Treasurer, half to the informer. 

Masters of Families that live within two miles of their 
parish Church, shall duly repair thither with their Families, 
twice a day on the Sabbath ; if above two miles, then once 
a month. 

If a servant make default in repairing to Church, the 
Master, (if he was the occasion) shall forfeit 10 lbs. of 
cotton ; if the neglect be in the servant, he shall be punish- 
ed at the discretion of the next Justice. 

Constables, Church Wardens, and Sidesmen, shall every 



BLUE LAWS OF BARBADORS. 233 

Sunday, in time of Divine Service, search Taverns, Ale 
houses, &c, and if they find any drinking, or otherwise 
misdemeaning themselves, they shall apprehend them, and 
set them in the stocks for the space of four Hours, unless 
every such offender pay 5s. for the use of the poor. 

Whosoever shall swear, or curse, shall pay down, if a 
Freeman, 4 lbs. of Sugar ; if a Servant, 2 lbs. of Sugar, 
or be put in the Stocks. This Statute not to take away 
the masters power in correcting their servants for such of- 
fences. 



20* 



EXTRACTS 



BLUE LAWS OF MARYLAND 



1699. — If any person whatsoever, inhabiting within this 
province shall Blaspheme, that is curse God, deny our 
Saviour to be the Son of God, or deny the Holy Trinity, 
or the God head of any of the three persons, or the unity 
of the God head, or shall utter any reproachful words or 
Language, concerning the Holy Trinity, or any of the 
three persons thereof, he or she shall for the first offence, 
he bored through the tongue and fined 20£ Sterling to the 
King, towards defraying the country charge where the of- 
fence was committed. Or if the party hath not an Estate 
sufficient to answer that sum, then to suffer 6 months im- 
prisonment. For the second offence, he or she shall be 
stigmatized in the Forehead with the letter B, and fined 
40£ Sterling to the uses aforesaid, or imprisonment for one 
whole year. And for the 3d offence, he or she so offend- 
ing, and thereof legally convicted, shall suffer Death, with 
confiscation of all their Goods and Chattels to the King. 

Every person convicted of Fornication, shall for every 
time so offending, be fined to the King 20s Sterling, or 
400 lbs. of Tobacco, or receive corporal punishment, by 
whipping at the discretion of the Court, not exceeding 39 



BLUE LAWS OF MARYLAND. 235 

lashes. And every person convicted of Adultery shall be 
fined 40s Sterling, or 800 lbs. of Tobacco, or receive cor- 
poral punishment as aforesaid. 

Every person who shall harbour, entertain or provide for 
the maintenance of any lewd women, or frequent the com- 
pany of such, after publick admonition by the Minister or 
Church Wardens, or Vestry of the Parish, shall for every 
such offence, undergo such pains and penalties, as by this 
act are provided against those who are convicted of Forni- 
cation or Adultery. 

If any person prophanely swear or curse in the hearing 
of any one Justice of peace, or head officer of a Town, 
or that shall be thereof convicted by the oath of one wit- 
ness, before any one Justice, or the head officer, or by the 
confession of the party, he shall forfeit 5s. Sterl. to the 
King, to the use of the poor of the County, to be levied 
immediately by warrant from such Justice or head officer, 
to the Constable, or other person directed, and in case any 
person shall refuse to execute the command or warrant of 
such Justice, &c, he shall forfeit and pay 5s. 

1700. — Every person legally convicted of stealing, by 
the testimony of one or more sufficient witnesses, not being 
the party grieved, shall be punished by paying four fold the 
value ofthe goods stolen, to the party grieved, and by put- 
ting in the Pillory, and whipping so many stripes as the 
Court shall judge, not exceeding 40. 

The second offence of stealing above the value of 12 
pence shall not be tried and determined in the County 
Court, but the party shall be proceeded against in the 
Province Court, as a Felon, according to the laws of Eng- 
land,* and the transcript of his former conviction. And 
the presentment of, transmitted from the County Court, 
&,c, under the penalty of 100 lbs. of Tobacco. 

* Death. 



236 BLUE LAWS OF 

He that shall kill any unmarkt swine above 3 months old, 
not upon his own land, or in company with his own stock, 
is hereby adjudged a Hog stealer, and shall restore 4 fold 
and suffer corporal pains as in this act above mentioned. 

This act shall be publickly read 4 times a year in every 
parish church, under the penalty of 100 lbs. of Tobacco to 
the King for the use of such parish, to be paid or recovered 
of the Clerk or reader so neglecting. 

All Ministers, Pastors, and Magistrates, who according 
to the laws of this province do usually Joyn people in mar- 
riage, shall Joyn them in manner and form as exprest in 
the Liturgy of the Church of England; after which the 
Minister, Pastor, or Magistrate shall say, I being hereunto 
by law authorized do pronounce you lawful man and wife. 
The Minister, pastor, or Magistrate, may receive from the 
parties marry'd 100 lbs. of Tobacco. 

1699. — Every ordinary keeper that shall demand or take 
above 10 lbs. of Tobacco for a Gallon of small Beer, 20 lbs. 
of Tobacco for a Gallon of Strong Beer, 4 lbs. of Tobacco 
for a night's lodging in a Bed, 12 lbs. of Tobacco for a 
Peck of Indian Corn or Oats, 6 lbs. of Tobacco for a night's 
Grass for a Horse, 10 lbs. of Tobacco for a night's Hay or 
Straw, shall forfeit for every such offence, the sum of 500 
lbs. of Tobacco, half to the King, half to him that shall 
sue, &x. 

Every ordinary keeper or Innholder, shall within six 
months after licenced, provide and maintain (if living at a 
County Court House, or at Annapolis, or Williamstadt) 
12 good Beds, more than for his own Family's use, with 
stabling and provision for 20 Horses at least. And if such 
Ordinary be kept in any other part of the County, then he 
shall be provided with 4 spare Beds, and stabling and pro- 
vision for 6 Horses at least, under the penalty of 500 lbs of 
Tobacco, as aforesaid. Provided no Ordinary Keeper, 
shall be a Justice of Peace, Commissioner in any County 



MARYLAND. 237 

Courts, or Mayor, Recorder, or Alderman of St. Mary's, 
during the time of their Keeping Ordinary. 

If any Ordinary Keeper, keep evil Rule in his House, the 
Justices of the County Court shall upon complaint, call in 
his licence and suppress him. 

He that keeps Ordinary without Licence, or after he hath 
been supprest, shall forfeit 2000 lbs. of Tobacco for every 
month, one half to the King, the other to him that shall sue 
for the same. 

No Inhabitant of this Province, shall sell without Licence, 
any Syder, Quince drink, or other strong Liquor, to be 
drunk in his or her House, upon penalty of 1000 lbs. of To- 
bacco, for every conviction, half to the King, half to the 
informer. 

No Ordinary Keeper, shall refuse to credit any person 
capable of giving a Vote for election of Delegates in any 
County, for any accomodations by him vended, to the value 
of 400 lbs. of Tobacco, under the penalty of 400 lbs. of To- 
bacco, one moiety to the King, the other to the informer. 

1700. — The Book of common prayer, and administration 
of the Sacraments, with other rites and ceremonies of the 
Church of England, &,c. shall be solemnly read by all the 
Ministers in the Churches and other places of worship in 
this province. 

For the encouragement of able Ministers to come and 
reside in this Province, instead of Tithes a tax or assess- 
ment of 40 lbs. of Tobacco per pole, shall be yearly levyed 
upon every taxable person in every parish in this province. 
Which said assessment shall always be paid to the Ministers 
of every parish in manner hereafter expressed. 

The Sheriff of every County shall collect the aforesaid 40 
per poll, of the several persons in their respective Counties, 
in such manner as the County levies collected, and pay the 
same to the Vestry of every parish, where there is no incum- 



233 BLUE LAWS OF MARYLAND. 

bent, but where there is an incumbent it shall be paid to 
him ; each Sheriff deducting 5 lbs. of Tobacco per cent, 
and no more for collecting. 

In every parish, where any Minister or incumbent shall 
reside, no Justice or Magistrate shall Joyne any persons in 
marriage, under the penalty of 5000 lbs. of Tobacco to the 
King. 

In any action commenced by a Vestry for the benefit of 
a parish, they shall not be obliged to pay Fees or costs of 
suit, unless they recover in the same action nor pay the 
Defendant Costs in case the Vestry be cast. 



ANCIENT LAWS OF NEW YORK. 



At an Assembly at the City of New York, 1693. 

The Preamble ; Whereas prophaneness and Licentious- 
ness hath of late overspread this province, for want of a set- 
tled Ministry, whereby the ordinance of God, may be duly 
administered: Tis Enacted, 

That in each of the cities and Counties hereafter named, 
there being called, induced and established one good and 
sufficient protestant Minister, within one year next after 
the date of this Act; viz, in the City of New York one, — in 
the county of Richmond one, Westchester two, — in Queens 
County two, — And for the encouragement of the Minis- 
ters, there shall be paid to the respective Ministers as fol- 
lows. For the City of New York, one hundred pound per 
An. For the two precincts of Westchester, one hundred 
pound per An. for each; 50 shillings to be paid in Country 
produce, at. money price. 

For the County of Richmond, forty pounds per An. in 
Country produce at money price. 

For the two precincts of Queens County ; one hundred 
and twenty pounds to each; sixty pounds in Country pro- 
duce, at money price. 

At a sessions held at the City of New York, Oct. 6, I ( M 1 1 , 
in the 6th year of William and Mary, present the Mayor, 



Recorder, Aldermen, and Assistants of the Common 
Council. 

For the better preservation of the Lords day, no servile 
work to be done, or any goods bought or sold on the Lords 
day, under the penalty of ten shillings the first offence, and 
double for every subsequent offence. 

The Doors of Publick Houses, to be kept shut, no com- 
pany to be entertained in them, or any sort of Liquor sold 
in time of Divine service ; Strangers, Travellers, or such 
as lodge in such Houses excepted; also no person to drink 
excessively, or be drunk, the penalty 10s. for every offence. 

No Negro or Indian servants to meet together, above the 
number of four, en the Lords Day, or any other day, with- 
in the City liberties ; nor any slave to go around with Gun, 
Sword, Club, or any weapon, under penalty of ten lashes at 
the publick whipping post, or to be redeemed by his master 
or owner, at six shillings per head. 

One of the Constables in the five wards on the south side 
the fresh Water, by turns to walk the streets of the city, in 
time of Divine Service, to see these laws observed, and to 
have power to enter into all publick Houses to put the same 
in execution. 

The Constable to make enquiry after all strangers, and 
give in their names to the Mayor, or in his absence to the 
eldest Alderman, no keeper of publick house &c, to enter- 
tain or lodge any suspected person, or men or women of 
evil fame, both these heads under penalty of 10s. for each 
offence. 

No person to keep shop or sell any goods by retail or ex- 
ercise any handy-craft trade, but such as are Freemen of 
the City, under penalty of 5s. every offence. 

Twenty four car men are appointed and allowed by the 
Mayor, and Court of Aldermen, and more may serve in that 



NEW YORK. 241 

capacity for hire wages, but such as are so allowed, on pen- 
alty of 20s. two of the four and twenty to be the foremen. 

The car-men so appointed, are to repair the pavements 
of the streets, and highways, in and about the city at their 
own charges, on pain of being turned out. 

No car-men to ride on the cars in the streets, on penal- 
ty of six shillings, one John Lonstraw excepted, prices of 
carriage settled by this law, and car-men not to demand 
more for a Load to any place within the Gates of the City 
three pence half-penny, except for Wine, Lime, Pantiles, 
Bricks when piled in the Cart ; which because of the trouble 
of unloading, they are allowed 6 pence per Load. 

For cord wood from the Boat to the place of cording, 
and after corded to the owners House, Is. 6cl. } if not desi- 
red to be corded, Is. only. 

And for every Load of Goods or Cord of Wood carried 
without the Gates, viz. beyond the Maiden pull or Smith's 
fly in Queen Street, double price. 

A load to be accounted as much as, can conveniently be 
laid on their Carts, or is reasonable for one Horse to draw. 

All Jesuits, Seminary Priests, Missionaries, or other 
Ecclesiastical person, made or ordained by any power or 
Jurisdiction derived or pretended from the Pope, or see of 
Rome, residing or being within the Province, to depart the 
same, on or before the first of Nov. 1700. 

If any such continue, remain, or come into the Province, 
after the said first of November, he shall be deemed an In- 
cendiary, a disturber of the piiblick peace, an Enemy to 
the true Christian Religion, and shall suffer perpetual im- 
prisonment. 

If any such person, being actually committed, shall 
break Prison and escape, he shall be guilty of Felony, and 
if retaken shall die as a Felon. 

Persons receiving, harbouring, succouring, or concealing 
any such person, and knowing him to be such, shall forfeit 
21 



242 ANCIENT LAWS OF NEW YORK. 

the sum of 200 pounds, half to the King, for and towards 
the support of the Government, and the other half to the 
prosecutor, shall be set in the Pillory three days, and find 
sureties for their behaviour, at the discretion of the court. 

Any Justice of peace may cause any person suspect- 
ed to be of the Romish Clergy to be apprehended, and if he 
find cause, may commit him or them, in order to a trial. 

Any person, without warrant, may seize, apprehend, and 
bring before a Magistrate, any person suspected of the 
crimes above, and the Governor, with the Council, may 
suitably reward such person as they think fit. 



SOUTH CAROLINA 



SETTLEMENT OF THE CHURCH AT CHARLESTOWN. 

Whares by the grant of King Charles the Second, the 
Lords proprietors, it is expressly provided that no Religious 
ministry, except the Church of England, should have any 
publick maintenance. 

His Excellency, the Palatinate, and the rest of the Lords 
proprietors, in their rule and instructions of Government, 
ordered, that the ministry of the Church of England should 
accordingly be established, and no other. 

pursuant to these provisions, the commons assembled for 
the province of South Carolina, Enacted — 

That so much Land be bought in or near Charlestown, 
not exceeding the value of 140 pounds, in such a place as 
the commissioners named in the act shall appoint ; and 
thereon to be built a House or Houses, within twelve 
months after the date of the act, and the ground to be paled 
in or fenced about, all as the said commissioners shall di- 
rect, the which shall not exceed 3.50 pounds, to be paid out 
of the publick treasury ; there shall also be bought one 
healthy Negro Man Servant, and one Negro Woman Ser- 
vant, four Cows, and four Calves, to be paid out of the pub- 
lick Treasure. 

The said Land, House or Houses, Servants and Cattle, 
are appointed to be for the use and benefit of such Minis- 



XM4 BLUE LAWS OF SOUTH CAROLINA. 

ter of the Church of England, as the major part of the In- 
habitants of Charlestown and the neck between Cooper and 
Ashley River, as far up as John Pride's plantation on Coop- 
ers River, and Chr. Smith's plantation for Ashley River, 
inclusive, which are qualified by law, no members of the 
Assembly, and as arc of the Church of England, shall choose 
and approve of 

The receiver General for the time being, shall, over and 
above the said House, Servants, and Cattle, pay to the said 
Minister one hundred and fifty pounds per Annum, in Dol- 
lars or Spanishes pieces of Eight, not weighing less than 
thirteen pennyweight, at 5s. per piece, viz. 50s. every 4 
months. 

Samuel Marshall nominated the first Minister, during his 
life, or so long as he shall think fit to continue in the Col- 
ony, and serve in the said Ministry. 

Goods distrained for this tax, shall be sold in three days 
by publick outcrys in Charlestown, and the overplus, the 
tax and charges first paid, to return to the owner. 



The following are the facts related by the signers of the 
annexed Journal, it being the first diplomatic embassy in 
this country, at a period when the two Colonies were inde- 
pendent of each other. 

TRANSLATION OF THE JOURNAL OF THE DUTCH COMMIS- 
SIONERS (of n. york) to hartford, 

ANNO D. 1663. 

Journal kept by the Commissioners, Cornelius Van Ruyven, 
Burgomaster Vun Cortlandt, and Mr. John Lawrence, 
Citizen and Inhabitants of the City of New Amsterdam, 
on their voyage to Hertford. 

Anno 1663, on the 15th of October, being Monday. 
At Sun rising, we departed with the yatch of Dirh Smith, 
the Wind being contrary; we came, however, with that 
Tide as far as the Varkens or Hog's Island, and as we could 
not, by reason of the strong ebb, advance any farther with 
rowing, we cast anchor and went on shore. The Sailors 
fetcht Ballast. The Ebb being spent, we weigh'd anchor ; 
at low water got thro' Hell-Gate, and by luffing and rowing 
came as far Minnelley's Island, where the Tide stopt again. 

16 Do. Early in the Morning we weigh'd Anchor again, 
the wind being still contrary. The Tide stopt near Oyster 
bay. The wind being pretty good in the afternoon, we 
got sight of Stratford point The wind Bhifted, and the 
Tide being spent, we cast anchor. 

17 Do. Early in the morning we were again under sail 
with a good Tide, and a contrary wind ; nevertheless by 

21* 



• kj x\.nn.±j vjc ir.ii 



luff n v and rowing, we made Milford between 8 and 9 
o'clock, where we immediately addressed ourselves to Mr. 
Bryan, Merchant, begging the favor of him to provide 
three horses for us to ride to Herford ; with which he un- 
dertook to do, and said that he purposed to go there him- 
self. In the mean time we went to pay our Compliments, 
to the Magistrates, Mr. Treat and Mr. Penn, but found 
neither of them at home : afterwards Mr. Treat came to us 
in the Inn ; after mutual compliments, we acquainted him 
with the reason of our coming, and journey to Herford, 
requesting him to take our yatch, which we left in the har- 
bour, under his protection till our return, in case any Pri- 
vateers, which we understood hovered about there, should 
attack it, which he accepted of; we also recommended the 
same to young Mr. Bryan. In the mean time we under- 
stood that no more than two horses could be had, unless a 
young man who came from Herford would let us his. The 
young man being called, we agreed with him for the hire 
of his horse for fourteen English shillings, bat when the 
horse should be delivered, he receded from his Bargain : 
being asked why, since we were absolutely agreed, he 
would hardly explain himself; but said at last, he feared his 
people at Herford would take it amiss of him for assisting 
those who were their enemies, — which was taken amiss by 
the Magistrates who was present, who told him that accord- 
ing to agreement he must deliver his horse, which he final- 
ly did, but with reluctance. After dinner, the horses being 
ready, he mounted and rode to Newhaven, where we arri- 
ved an hour or two before dark. The horses being taken 
care of, we waited upon the Deputy Gov'r, Mr. Gilbert, but 
did not find him at home. We staid that night at New- 
haven. 

18 Do. being Thursday, We departed from Newhaven 
at Sun Rising, in Company with Mr. Bryan, Merchant of 
Milford, and Mr. Poll, and came at Herford about four 
o'clock, where being informed that the Governor and Courte 
were assembled, we thought proper in order to lose no 



DUTCH COMMISSIONERS. 247 

time, to acquaint the Assembly with our arrival, and at the 
same time to request a hearing : which being done, we re- 
ceived in answer, that we might come in now if we pleased, 
or defer it till to-morrow morning ; we desired to be admit- 
ted immediately, which was agreed to. After friendly 
salutations we delivered the letter we had brought with us, 
which being read, we added that in case the Gov'r and the 
Court wanted any farther explanation of any of the points 
contained in it, that we were ready to do it, either to the 
whole Assembly, or to a Committee, to which no direct an- 
swer was made, only that they would look over it. Having 
seriously recommended this matter to them, we took leave ; 
in taking leave, we were told by the Deputy Gov'r, Major 
Mason, that a room was provided for us at the house of 
their Marshal, whither they requested us to go, which we 
thankfully accepted of. 

19 Do. In the Morning early, before the Assembly was 
convened, we paid a visit to Mr. John Winthrop, begging 
the favor of him to do his utmost endeavor to remove all 
misunderstandings, and that every thing might be transact- 
ed in peace and unity, which he promised to do; upon 
which we asked him what was done on the Delivery of the 
Letter ; he said he could not tell, as he went out of the As- 
sembly immediately after we did, being indisposed, but be- 
lieved that the Court had appointed a Committee to trans- 
act business with us. As we could learn nothing material 
from him, and the time of meeting drawing nigh, wee 
took have, and presented to the Assembly the following ad- 
dress : 

To the Honorable the Gov'r and the Committee of the 
Council of the *Colony op Herfokb*. 

These few lines shall serve to thank your honours for youi 
kind reception of us, and of the Letters delivered by us, 

* Hartford was in the Colony of Conm t 



XJ4S JOURNAL OF TIIE 

friendly requesting your catagorical to the same, that we 
may know farther to conduct ourselves ; in the mean time 
we remain, &,c. 

Which being carried in, we were told by the Marshal, 
that three persons were appointed to speak further with us, 
who would meet within an hour at the house of Mr. How- 
ard Miller, being about half way between our Lodgings 
and the Town Hall, with request that we would also be 
there at that time, to which we agreed, and went there at 
the appointed time ; after waiting there about an hour in 
vain, the Marshal came and told us that the Committee 
had been hindered by some other business intervening from 
waiting on us, and as it was almost noon, that the Gov'r 
and Court beo-'d the favor of us to dine with them in the 
Town Hall, to which we answered, that it appeared strange 
to us that the gentlemen of the Committee excused them- 
selves, as they had appointed the time ; that nevertheless 
we should come where we were invited. In a short time 
thereafter, the Deputy Governor and Secretary came to 
excuse the Committee, as some business had happened, in 
which their presence was required, which we put up with. 
After some discourse, we went with them to the Town 
Hall. After dinner, we desired that our business might be 
forwarded : upon which the persons who were appointed as 
a Committee, promised to follow us immediately to the 
aforesaid place, as they did : after some discourse little to 
the purpose, and being seated, we showed our Commis- 
sion, with request that they would do the same; to which 
they delivered in an extract, as they said, out of their min- 
utes, in which they, to wit, Allen, senior, Capt'n Joel , 

John Allen, Jun'r, were qualified to treat with us, adding 
that the shewing a Commission was superfluous, as we had 
been informed ourselves by the Court, that they were ap- 
pointed for that purpose ; upon which we let that matter 
drop also, and asked whether they would be pleased to 
make answer to the propositions contained in the letter we 



DUTCH COMMISSIONERS. 249 

had delivered, to which they replied that they would fain 
be informed in a summary manner, what the propositions 
were, to which we required an answer ; we said that they 
were briefly contained in the afores'd letter, (to wit.) 

1st. That we desired to know whether they would be 
pleased to conform themselves to the advice of the other 
three Colonies, containing in substance that every thing 
with respect to the limits should remain as was agreed upon 
in the year 1650, till the next meeting of the Commission- 
ers in the year 1664. 

Secondly ; or else that they would be pleased to appoint 
some persons to treat farther about the limits now in dis- 
pute. 

3dly. If not, that the matters should then be referred to 
our superiors in Europe, on condition that every thing 
should remain in the mean time as was agreed to in the 
year 1650. Many debates arose pro and con on the afore- 
said points, in as much that the whole afternoon was spent 
without affecting any thing, the substance of which were 
as follow : 

To the first; That they could not conform themselves to 
the advice of the aforesaid Commissioners for the following 
reasons. 

1st. That they had already given notice of their patent 
and of the Kings grant on Long Island. 

2*lly. That they, at least the greatest part of them, had 
voluntarily betaken themselves under their government. 

3dly. That they neither could, nor dared refuse it, (if 
they would not incur the King's displeasure,) as the same 
were included in their patent, to which they further added 
that though the fixing of the limits should he deferred to 
the next meeting of the Commissioners in the year 1661, 
that they were not to regulate themselves by the advice of 
the C(J ail ioners, not of the other Colonies, but by the 
King's patent, and that in case the Commissioners should 
do any thing contrary to it, that they would much rather 



250 JOURNAL OP THE 

seperate themselves from the other Colonies, as they would 
never permit any thing to be done contrary to it, or any 
change made in it, than by his Majesty himself, as those 
who would make any change or alteration in it would put 
themselves above and Lord it over his Majesty. 

Whatever we alledged against this, that his Majesties 
meaning was not to give any thing away which had already 
been so long possessed by others. Also, that it could not 
be proved out of the Patent, &c, was in vain : but they 
persisted in this groundless opinion. To the second point, 
they made no direct answer, only proposed by way of ques- 
tioning whether the General had sufficient qualification 
from the Prince of Orange, and the States Gen'l. — To 
which we answered that the Commissioner of the States 
General sufficiently qualified the General for that purpose, 
dropt that Point and proceeded. 

To the third to which they answered that they were wil- 
ling that the matters should be referred to our mutual su- 
periors, on condition that the English Townships on Long 
Island and Westchester, should, by proviso, be under the 
Government of Herford, this being thus proposed, the old 
Mr. Allen made a long Harangue, being to this effect, that 
he was well assured that the English Townships would no 
longer remain under the Dutch Government, and in case 
we should compel them that they were resolved to defend 
themselves to the uttermost, that he was therefore of opin- 
ion that it would be more to our advantage to prevent far- 
ther mischief and bloodshed, that the s'd Townships should 
remain under the Government of Herford till such time as 
his Majesty and the States General should be agreed, (to 
wit,) those who had formerly submitted themselves to their 
Government. 

To which we answered, that it would now nor never be 
allowed. They replied that for the present they ?ould not 
act any farther with us, nor hinder the aforesaid Townships 
from betaking themselves under the obedience of his Ma- 



jesty. We answered that they were the cause of it, since 
they had by different Deputations encouraged and excited 
the Townships to it. They replied, that they were bound 
to make the Kings grant known to them. We answered 
that they might do it to the Kings subjects, but not to the 
subjects of their High Mightiness's and the Company. To 
which they again replied that they were subjects of his Ma- 
jesty, as they dwelt according to the Patent upon the terri- 
tories of his Majesty. Upon which proposition we asked 
them in what light they looked upon the provisional settle- 
ment of the Limits in the year 1650, they answered abso- 
lutely as a nullity and of no force, as his Majesty had now 
settled the limits for them, the other being only done pro- 
visionally, &c. Whereupon we again appealed to the ad- 
vice of the other Colonies, to which they answered that 
they, (to wit, the other Colonies,) could make no altera- 
tion unless they assumed to themselves an equal authority 
with the King, saying that in that respect they had nothing 
to do with the other Colonies. 

The time being spent with many such like propositions 
and answers without affecting any thing, we concluded from 
all these circumstances, that the doings of Richard Mills, 
at Westchester, of Coo. Pantom and others on Long Isl- 
and, were done and put in execution at their Instigation, 
and that they now only sought to put a spoke in the wheel, 
and kept matters in agitation till such time as the Town- 
ships (whose Deputies, namely of Westchester, Middle- 
burgh, and Rustdrop, we dayly saw here before our eyes, 
have free access to the principal men,) revolted, as they 
openly declared that in case the Townships who had freely 
betaken themselves under their Government mid protection, 
should ask assistance, that they could, nor might not deny 
it them. All which matters being duly considered by us, 
and moreover, that if we Bhould depart without reducing 
things to some certainty, the English Townships on Long 
Island, would apparently be revolted before our arrival at 



JULK1\A1j U* TIIJH 



the Manhatons, to prevent which and the danger, which 
might ensue therefrom, and to shew that we would contrib- 
ute as much as possible to prevent bloodshed, we resolved 
to make the following proposal as the last, (to wit,) that if 
they would firmly and faithfully keep the provisional set- 
tlement of the limits made in the year 1650, till such time 
as his Majesty and the High and Mighty States General, 
were agreed about the Limits, and would not presume to 
take any of the English settlements belonging to this Gov- 
ernment, under their protection, nor assume to themselves 
any Jurisdiction over the same, that we on our part would 
in like manner till that time assume no Jurisdiction over 
Oostdurp, otherwise called Westchester, to which we ad- 
ded that if they would not acquiesce in this our proposal, 
(as having now contributed all possible means in our pow- 
er, to settle peace and unity) that we declared ourselves 
and our Constituents innocent before God and Man, of all 
calamaties which should arise from their unjust proceed- 
ings. After a few debates little to the purpose, and it being 
now late in the evening, they said that they would consider 
of the proposal made by to-morrow morning, of which they 
took a copy. 

20th October. 

Between 8 and 9 o'clock, according to appointment, the 
above mentioned Gentlemen of the Committee, come to our 
Lodgings. We went with them to the aforesaid place at 
the house of Mr. Howard; after some Introductory Discourse 
we asked them whether they had considered of our propo- 
sal, and what their answer was to it. After some frivolous 
Exceptions that the English on Long Island, would not 
stand under us, and that if we should compel them to obe- 
dience it would be the cause of much Bloodshed, they ex- 
pressly said that they could not agree with us, unless the 
English Townships, (viz. Oostdurse, Middleburgh, Rust- 



DUTCH COMMISSIONERS. 253 

durp and Hamslede were under their Government, with 
which if we would comply, they would defer the matter, 
and not proceed further till another Convention, but that 
we in the mean time should not in the least interfere to ex- 
ercise any Right of Jurisdiction over them, and if we could 
not, that they also could not hinder the aforesaid Town- 
ships, (being by His Majesty of England included in their 
Patent) from betaking themselves under their protection, 
and consequently that they should be obliged to defend 
them in case they were attacked. To which we answered 
that His Magesty, had more Discretion than to include the 
subject, and Lands of their High Mightiness, which they 
had possessed for so many years in their Patent : that it was 
erroneously thus explained, that the Patent contained a 
Tract of Land lying in America, in Xew England, and con- 
sequently not in New Netherland ; that Gov. Winthrop had 
declared in the Hearing of us all that it must be so under- 
stood ; and that it must be understood in this case like Bos- 
ton Patent, in which it is expressly mentioned, on condition 
that the lands shall not before have been possessed by any ■ 
Prince or Potentate. Long Island being now so many 
years possessed the subjects of their High Mightines- 
ses, that they could not by, reason thereof claim any 
Right or Title to it. In short what amiable Proposals 
and Inducements soever we made use of, we could not 
proceed any farther with them. In the mean time, it 
being noon we were again desired by the Governour, to- 
gether with the Gentlemen of the Committee to dine with 
him, which we did; after Dinner we complained to the 
Govt and the Gentlemen of the Committee, that we did 
not advance in our business with the Committee j on ac- 
count of their unreasonable and unanswerable Demands, 
as giving up our Right to the English Townships, &c. We 
desired therefore of them that they would be pleased to 
answer us on the Letter delivered them, and to the Neigh- 
bourly and friendly propositions contained in it. which tiny 



'Zo± JOUMAL Or THil 

promised to do, but nothing was concluded upon this After- 
noon as it was Saturday, and some of the Committee being 
obliged before Dusk to go to Windsor and Weathersfield. 

21 Ditto. Sunday We went to Church, and Supt in the 
Evening with the Gov'r, after Supper, being in Discourse 
with His Excellency, among other things he expressly de- 
clared that the Intent of the Patent was by no means, to 
claim any Right to New Netherland but that it only com- 
prehended a Tract of Land in New England, &c. We 
Beg'd the Favour of his Excellency to indulge us with such 
Duberation in writing that we might avail ourselves of it, 
but he declined it, saying that it was sufficiently plain from 
the Patent itself; we said that a different Construction was 
put on it by others, and that such Duberation would give 
much opening. But as we observed that the Gov'r still 
abode by his first saying, after some more Discourse we took 
leave. 

22 Ditto. Monday IVe desired by the Marshall an an- 
swer in Writing to the delivered Letter, and the proposi- 
tions contained in it, which was promised us. We dined 
with Mr. Wees,* whose Father had been Gov'r of Herford. 
Nothing was done this day, as we expected the promised 
answer, but did not receive it. 

23 Ditto. Tuesday Morning, we were told that the afore- 
said Committee would meet us at Mr. Howards. We went 
there. The aforesaid Committee being also come, we de- 
manded an answer in Writing to the propositions contain- 
ed in the delivered Letter, they said that they were come 
once more to speak with us about the aforesaid Town- 
ships, as they had endeavoured to persuade the Deputies of 
the aforesaid Townships to remain quiet under our Govern- 
ment, till farther Determination, but that they would not 
consent to it ; — That it would therefore be best for us not 
to claim them to prevent farther mischief. We answered 
that those of Herford were the cause of it, as they had by 

•Mr. Welles. 



uuitn tu.u.uissiuiiiaK^ 



frequent Deputations, drawn the subjects of their High 
Mightinesses from their Oath and Allegiance and had en- 
couraged them to revolt, &c. Which was not denied by 
them, but said it was so now, and we would fain have them 
remain quiet; but what can we do now, they are compre- 
hended in our Patent and desire to be received and protec- 
ted by us, which we cannot deny them ; much was said 
against this, that they were not included in the Patent — 
that the patent mentioned a Tract of Land in New England 
and not in New Netherland ; — that the Gov'r understood 
it so himself; they answered, the Gov'r is but a man alone. 
We understand it so, and more besides us, and that our 
patent not only takes in that, but extends Northward to the 
Boston Line, and Westward to the Sea. We asked them 
in case there was another Royal Patent between, where 
New Netherland would then lay — they answered without 
hesitation that they knew of no New Netherland, unless we 
could shew a Patent for it from His Majesty. We said that 
we had no need of a Patent from his Majesty. They repli- 
ed that they were willing to agree with us if we could shew 
a Patent from any Prince or from their High Mightinesses, 
by which such a Tract of Land was given. 

We appealed to the Charter and to the approbation of 
their High Mightinesses of the provisional settlement of 
the Limits made at Herford in the year 1650. They an- 
swered that the Charter is only a Charter of commerce, and 
the said settlement of the Limits was only conditional, &lc. 
If you cant show a special patent for the Land, it must fall 
to us. We said that the Right of their High Mightiness- 
es was indisputable, as appears by the first Discovery — 
The Purchase from the Natives — The oldest Possession, 
&,c. They answered, that they would let us keep as much 
as was actually possessed and occupied by our Nation, but 
that we could not hinder them from possessing that which 
was not occupied by our nation. Many objections were 
made to this, that the possession of part was taken for the 



possession of the whole, &c. But it availed Nothing, they 
said we had no Right to hinder them from possessing unlo- 
cated Lands, as they were comprehended in their Patent^ 
and we could show no Patent from any Prince or state. Af- 
ter many Debates, pro and con, we asked them how they 
would have it for the present, as they had not as yet an- 
swered to our Reasonable Proposals. In the mean time, it 
being noon, they promised after Dinner to acquaint us 
with their meaning ; whereupon we went with them to the 
Town Hall ; but before we got there, a few Propositions 
were shewn us, by Young Wallen, and Emen Hillits, a 
Magistrate of Hartford, containing in substance, that if 
we would give up all Right and Title, first to Westchester, 
with all the Lands as far as Stanford, and farther divest 
ourselves of all authority and Jurisdiction over the English 
Townships on Long Island, that they would then agree far- 
ther with us. As these propositions were full of Blots, (it 
being the royal draft) we desired that the same might be 
copied fair, which they undertook to do. In the mean 
time we dined ; after Dinner, we desired that they would 
expedite matters, as we had been there so long without 
effecting anything ; upon which they promised to make an 
End at present. After some Talk, the following unreason- 
able Articles were delivered to us. 

1st. That Westchester and all the Peoples Lands be- 
tween that and Stanfort shal belonge to the Colony of Con- 
necticutt till it be otherwise issued. 

2nd. That Connecticut wil forbeare exersiseinge any 
Authority over the Plantations off Heamstede, Jamecoe, 
&c, until the case be further considered, provided the 
Dutch will forbeare to exercise any Coercive Power towards 
any off the English Plantations upon Long Island until 
there be a Determination off the Case. 

3d. It is also agreed that the Issue of these Differances 
Bhal be by our mutual Accord, or by a third Person or Per- 
sons, mutually chosen by us, or by our superiors in 



DUTCH COMMISSIONERS. 257 

Europe, and that the Magistrates now in Beinge one Long 
Island, in those Plantations, shal govern those said Planta- 
tions until there be an Issue off these Differances as afore- 
said. 

4th. That all and every Person on Long Island shall be 
wholly indemnified for all passages and the Transactions 
respecting these Affairs to this Day. 

" That we mutually advice all Persons concerned, both 
English and Dutch, to carry it peaceably, Justly and friend- 
ly, each to other." 

The above Propositions being read by us, we answered 
that they were wholly unreasonable and unanswerable for 
us to condescend to. We desired that if they would de- 
sist from their Pretensions to the Townships on Long 
Island, situate within our Government, that we would then 
express ourselves on the other Points, but to no Purpose ; 
they said as before, that they could not refuse receiving 
these Townships and of defending them against all Persons 
whatsoever, which they said they would also do, &c. See- 
ing that we did not advance, but to prevent further antici- 
pations and mischief, and being minded to fix something 
certain of which we had no Prospect unless we made some 
Concessions, we resolved for the Reasons aforesaid, and to 
prevent further mischief, to make the following offer. 

Westchester, with the Land and People to Stanfort, shall 
abide under this Government off Connecticut til the time 
that the Bounds and Limits betwixt the abovesaid Colony 
and the Province of the New Netherland shall be deter- 
mined here by our mutual accord, or by Persons mutual 
chosen, or by his Royal Majesty off England, and the High 
and Mighty Estates General off the United Provinces. Tlie 
Plantations off Middleborrow, Rustdorp, and Hamstede, 
the which are said to revolt and to come under the Colony 
off Connecticut, shall absolutely abide under the Govern- 
ment off New Netherland till tlio aforesaid Determination, 
22* 



and that the Magistrates for the time beinge on Long 
Island, in those Plantations, shall govern those said Planta- 
tions under the said Government until there be an Issue off 
these Differances as aforesaid. 

" That all and every Person one Long Island shall be 
wholly indemnified for al Passages and Transactions re- 
specting these affairs to these Day. 

" That we mutually advice all Persons concerned, both 
English and Dutch, to carry it peaceably, just, and friendly 
each to other. 

" That both Parties in Differance, namely, Connecticut 
Collony, and the Governour and Counsel off New Nether- 
lands, shal be Ingaged to use their utmost Endeavours to 
promote and accomplish the Issuinge off the above Differ- 
ances." 

Being at our Request admitted within, and having deliv- 
ered the above Propositions which they read, we were an- 
swered by some of them, that whether we proposed it or 
not, the afores'd Townships would nevertheless not continue 
under us ; others said that they knew of no New Nether- 
land Province, but of a Dutch Governor over the Dutch 
Plantation on the Manhattans. That Long Island was in- 
cluded in their Patent, and that they would also possess 
and maintain it, and more such like Discourse. 

To the First was answered, that we were assured they 
would continue under our Government, if Herford Colony 
did not claim a Right to them. 

To the other, that they had in the making of the condi- 
tional Settlement of the Limits in the year 1650, acknow- 
ledged the Province of New Netherland, &c. But observ- 
ing we made no progress with them, we desired that the 
matter might remain as it was at present, till a farther De- 
termination of his Majesty and the States General. To 
which they answered, that his Majestys Patent fixt the 
Limits, and if we could not acquiesce in it that then noth- 



DUTCH COMMISSIONERS. 259 

ing could be done ; but if we would sign them that they 
would then treat farther with us. As we deemed such 
Compliance wholly unanswerable for us, we desired if they 
purposed, to make any answer to the Letter we delivered, 
that they would not delay it, as we intended to depart early 
the next Day and acquaint the General and Council of New 
Netherland with the Treatment we had met with, they an- 
swered that they would have one ready. After begging of 
them to take the matter into serious Consideration, and en- 
deavour to continue every Thing in Peace and Unity, till 
such Times as His Majesty and the States General should 
determine the Limits, we took Leave. This happening in 
the Afternoon, we went to them again in the Evening to 
know whether the Letter was ready. We were answered 
that it would be bro't to our Lodgings, and as we were re- 
solved to depart the next Day early in the Morning, we took 
Leave of the Assembly, as we also did of the Gov'r to 
whome we complained that nothing more was done on our 
Reasonable Proposals. To which his Excellency answered 
that it was so concluded upon in the Assembly, and that he 
wished something had been fixed upon, we answered that 
we had done every thing in our Power to effect it. After 
some Compliments, we took Leave. In the Evening a 
Letter was delivered to us with this Superscription. These 
for the Right Honorable Peter Stuyvesant, Director Gen- 
eral at the Manados. We said to the Secretary who brought 
the Letter, that it ought to be Director General of New 
Netherland, who answered that it was at our option to re- 
ceive it or not, &c. 

24 Ditto. Wednesday, as we were obliged to wait some 
time for one of our Horses, we departed between 8 and 9 
O'clock from Ilerford, and came about sunset at New Ha- 
ven. 

25 Ditto. Thursday Morning we went from New Haven, 
and came about 10 o'clock at Milford. Towards Evening, 



XPU JOURNAL. OF THE DUTCH COMMISSIONER*, 

the Tide serving, we went on Board our yatch, and got out 
of the Creek, where we cast Anchor, it being verry dark. 

26 Ditto. In the Morning, about two hours before Day 
Break, we weighed Anchor, with a fair Wind, and came in 
the Evening between 8 and 9 o'clock at Manhatans. 

C. V. RUYVEN, 

C. Stevens V. Cortlandt, 
John Lawrence. 



A BRIEF EXPOSITION 

OF THE ESTABLISHED 

PRINCIPLES AND REGULATIONS 

OF THE 

UNITED SOCIETY OF BELIEVERS, CALLED 

SHAKERS. 

BY THE COMMITTEE OF PUBLICATION. 



EXPOSITION. 

" Many erroneous opinions are entertained concerning 
the people generally known by the name of Shakers, which 
are calculated to mislead the public mind, in respect to the 
true character of this Society. Many false reports and in- 
correct statements have been circulated respecting the prin- 
ciples and practice of the Society, which have no founda- 
tion in truth. With a view to correct these erroneous 
opinions, and as far as in our power, to remove prejudices 
and false impressions, we are induced, from a sense of duty>, 
to lay before the candid public, a brief statement of facts 
respecting the principles, government, temporal order, and 
practical regulations of the Society. This duty we owe to 



262 SHAKING QUAKERS. 

ourselves and to our fellow creatures, for the correct infor- 
mation of the public, and the benefit of all concerned ; that 
all who are governed by the spirit of candor, and wish to 
know the truth concerning these things, may no longer de- 
pend on the vague and inconsistent reports in circulation, 
from which they can gain no correct knowledge nor just 
information." 

FAITH AND PRINCIPLES OF THE SOCIETY'. 

1. A life of innocence and purity, according to the ex- 
ample of Jesus Christ and his first true followers ; implying 
entire abstinence from all sensual and carnal gratifications. 

2. Love. — " By this shall all men know that ye are my 
disciples if ye have love one to another. — Love is the ful- 
filling of the law." This is our bond of union. 

3. Peace. — " Follow peace with al? men," is a divine 
precept; hence our abstinence from war and bloodshed, 
from all acts of violence towards our fellow men, from all 
the party contentions and politics of the world, and from all 
the pursuits of pride and worldly ambition. " My kingdom 
[said Christ] is not of this world." 

4. Justice. — "Render unto every man his due. — Owe 
no man any thing, but to love one another." We are to be 
just and honest in all our dealings with mankind, to dis- 
charge all just dues, duties, and equitable claims, as sea- 
sonably and effectually as possible. 

5. Holiness, — "Without which no man shall seethe 
Lord." Winch signifies to be consecrated, or set apart from 
a common to a sacred use. Hence arises all our doctrines 
and practical rules of dedicating our persons, services and 
property to social and sacred uses, having adopted the ex- 
ample of the first gospel Church, in establishing and sup- 
porting one consecrated and united interest by the voluntary 
choice of every member, as a sacred privilege, and not by 
any undue constraint or persuasion. 

G. Goodnrss. — Do good to all men, as far as opportq- 



SHAKING QUAKERS. 263 

nity and ability may serve, by administering acts of charity 
and kindness, and promoting light and truth among man- 
kind. " Whatsoever ye would that men should do to you, 
do ye even so to them." 

7. Truth. — This principle is opposed to falsehood, lying, 
deceit, and hypocrisy ; and implies fidelity, reality, good, 
earnest sincerity, and punctuality in keeping vows and 
promises. These principles are the genuine basis of our 
institution, planted by its first founders, exhibited in all our 
public writings, justified by scripture and fair reason, and 
practically commended as a system of morality and reli- 
gion, adapted to the best interest and happiness of man, 
both here and hereafter. 

MANNER OF ADMITTING MEMBERS. 

It must be obvious to every reasonable person, that the 
foregoing principles are, in many respects, very contrary to 
the carnal and selfish nature of fallen man, and doubtless 
more so than of any other religious society. Therefore 
there is little danger to be apprehended of any person's 
being nattered or inveigled into this Society, or of joining 
it from any other motive than purely from the operations of 
faith and conscience. This of itself is the most powerful 
guard that can be set against the deceptions so often report- 
ed to be practised by the Society in procuring members. 
Ineeed it precludes the possibility of such deceptions to 
any alarming extent. To this it may be truly added, that 
ail reasonable precaution is used against admitting any 
person to membership while ignorant of our real faith and 
principles, or of the following General Rule*. 

1. All persons who unite with this Society, in any degree, 
must do it freely and voluntarily, according to their own 
faith and unbiassed judgment. 

2. In the testimony of the Society, both public and pri- 
vate, no flattery nor any undue influence is used ; but the 
most plain and explicit statements of its faith and principles 



264 SHAKING QUAKERS. 

are laid before the inquirer ; so that the whole ground may 
be comprehended, as far as possible, by every candidate for 
udmission. 

3. No considerations of property are ever made use of by 
this Society, to induce any person to join it, nor to prevent 
any one from leaving it ; because it is our faith, that no 
act of devotion or service that does not flow from the free 
and voluntary emotions of the heart, can be acceptable to 
God, as an act of true religion. 

4. No believing husband or wife is allowed, by the prin- 
ciples of this Society, to separate from an unbelieving part- 
ner, except by mutual agreement; unless the conduct of 
the unbeliever be such as to warrant a separation by the 
laws of God and man. Nor can any husband or wife, who 
has otherwise abandoned his or her partner, be received 
into communion with the Society. 

5. Any person becoming a member, must rectify all his 
wrongs, and, as fast and as far as it is in his power, dis- 
charge all just and legal claims, whether of creditors or 
filial heirs. Nor can any person, not conforming to this 
rule, long remain in union with the Society. But the So- 
ciety is not responsible for the debts of any individual ex- 
cept by agreement ; because such responsibility would in- 
volve a principle ruinous to the institution. 

6. No difference is to be made of the distribution of 
parental estate among the heirs, whether they belong to the 
Society or not ; but an equal partition must be made, as 
far as may be practicable and consistent with reason and 
justice. 

7. If an unbelieving wife separate from a believing hus- 
band, by agreement, the husband must give her a just and 
reasonable share of the property ; and if they have chil- 
dren who have arrived to years of understanding sufficient 
to judge for themselves, and who chuse to go with their 
mother, they are not to be disinherited on that account. 
Though the character of this institution has been much 



SHAKING QUAKERS. 265 

censured on this ground, yet we boldly assert, that the rule 
above stated has never, to our knowledge, been violated by 
this Society. 

8. Industry, temperance, and frugality, are prominent 
features of this institution. No member, who is able to 
labor, can be permitted to live idly upon the labors of others. 
All are required to be employed in some manual occupation, 
according to their several abilities, when not engaged in 
other necessary duties. 

MANNER OF GOVERNMENT. 

The rules of government in the Society are adapted to 
the different orders of which it is composed. In all (as 
far as respects adult?,) it is spiritual; its powers and au* 
thorities growing out of the mutual faith, love, and confi- 
dence of all the members, and harmoniously concurring in 
the general form and manner of government established by 
the first founders of the Society. 

1. The effective basis of the government so established, 
and which is the support of all its institutions, is the faith, 
voluntary choice, union, and general approbation of the 
members. It is an established maxim in the Society, that 
any member who is not reconciled to the faith, order, and 
government established in it, is more injurious than bene- 
ficial to it ; besides the loss to himself of his own time and 
privilege ; therefore, whenever this is found to be the case 
with any one, and he continues in that situation, he is ad- 
vised peaceably to withdraw. As all who unite with this 
Society do it voluntarily, and can at any time withdraw, 
they are in duty bound to submit to its government. All 
are required by the rules of the Society to do this, or with, 
draw ; and this we think is reasonable, as no body of peo- 
ple can exist in any associated capacity, unless such power 
be maintained in its government. 

2. The leading authority of the Society is vested in a 
Ministry, generally consisting of four persons, including 

23 



266 SHAKING QUAKERS. 

both sexes. These, together with the Elders and Trustees, 
constitute the general government of the Society in all its 
branches ; and being supported by the general union and 
approbation of the members, are invested with power to ap- 
point their successors and other subordinate officers, as oc- 
casion may require; to counsel, advise, and direct in all 
matters, whether of a spiritual or temporal nature ; to su- 
perintend the concerns of the several families, and estab- 
lish all needful orders, rules, and regulations for the direc- 
tion and protection of the several branches of the Society; 
but no rule can be made, nor any member assume a lead, 
contrary to the original faith and known principles of the 
Society. And nothing which respects the government, or- 
der, and general arrangement of the Society is considered 
as fully established, until it has received the general appro- 
bation of the Society, or of that branch thereof which it 
more immediately concerns. 

3. No creed can be framed to limit the progress of im- 
provement. It is the faith of the Society, that the opera- 
tions of divine light are unlimited. All are at liberty to 
improve their talents and exercise their gifts, the younger 
being subject to the elder, and all in concert with the gen- 
eral lead. 

4. In the order and government of the Society, no cor- 
poral punishment is approved ; nor any external force or 
violence exercised on any rational person who has come to 
years of understanding. Faith, Conscience, or Reason, is 
sufficient to influence a rational being ; but where these are 
wanting, the necessary and proper means of restraint are 
not prohibited. 

5. The management of temporal affairs, in families hold- 
ing a united interest, as far as respects the consecrated 
property of the Society, is committed to trustees. These 
are appointed by the Ministry and Elders ; and being sup- 
ported as aforesaid, are legally invested with the fee of the 
real estnte belonging to the Societv. 



SHAKING QUAKERS. 2G7 

AH the consecrated property comes under their general 
charge, together with the oversight of all public business, 
and all commercial dealings without the bounds of the 
community. But ail the transactions of the Trustees, in 
the use, management, and disposal of this united interest, 
must be done in behalf, and for the united benefit of the 
Society, and not for any personal or private use or purpose 
whatever. And in all these things, they are strictly respon- 
sible to the leading authority of the Society, for the faith- 
ful performance of their duty. 

It is also an established principle, that no Trustee, nor 
any member whatever, shall contract debts of any kind, in 
behalf of the Society. 

ORDER AND ARRANGEMENT OF THE SOCIETY. 

This community is divided into several different branch- 
es, commonly called families. This division is generally 
made for the sake of convenience, and is often rendered 
necessary on account of local situation and occurrent cir- 
cumstances ; but the proper division and arrangement of 
the community, without respect to local situation, is into 
three classes, or progressive degrees of order, as follows : 

1. The first, or novitiate class, are those who receive 
faith, and come into a degree of relation with the Society, 
but chuse to live in their own families, and manage their 
own temporal concerns. Any who chuse, may live in that 
manner, and be owned as brethren and sisters in the gos- 
pel, so long as they live up to its requirements. 

Parents are required to be kind and dutiful to each other, 
to shun every appearance of evil, provide for their family, 
bring up their children in a godly manner, use, improve, 
and dispose of their property wisely, and manage their af- 
fairs according to their own discretion. They may thus 
continue as long as it comports with their faith, their cir- 
cumstances, and their spiritual improvement. But they are 



268 SHADING QUAKERS. 

required to bear in mind the necessity and importance of a 
spiritual increase, without which they are ever exposed to 
fall back into the course and spirit of the world ; and they 
can hold their connection with the Society no longer than 
they continue to conform to its religious faith and princi- 
ples. 

Such persons are admitted to ail the privileges in the So- 
ciety, spiritual or temporal, necessary to give them a full 
understanding of all that they need to know. No control 
is exercised by the Society over their persons, property, nor 
children ; but being members of a religious society, they 
are to be subject to the spiritual direction of their leaders, 
and may receive counsel in temporal matters, whenever 
they feel it necessary to apply for it. If at any time they 
desire to make a donation to any religious or charitable 
purpose of the Society, they are at liberty to do so ; pro- 
vided they be clear of debt, and their circumstances will 
otherwise admit of it ; but after having freely made the do- 
nation, they can have no more right to reclaim it, than the 
members of other religious societies have to reclaim the 
like donations. 

The education and government of children belonging to 
this class, is an important object. Where the number of 
private families is sufficient, they may establish a school, 
and jointly contribute to the support of it, and in this way 
dispose of their property for the joint benefit of their pos- 
terity ; but if any have estates, they may reserve them, in 
whole or in part, for the benefit of their children when 
they become of age. 

No children are ever taken under the immediate charge 
of the Society, except with the request or free consent of 
those who have the lawful right and control of them, to- 
gether with the child's own consent. But few, compara- 
tively, are admitted. 

Those taken into the Society are treated with care and 
tenderness, receive a good school education, according to 



SHAKING QUAKERS. 269 

their genius, are trained to industry and virtuous habits, 
restrained from vice, and at a suitable age, led into the 
knowledge of the Sacred Scriptures, and practically taught 
the divine precepts contained in them, particularly those of 
Jesus Christ and the Apostles. 

2. The second, or junior class, is composed of persons 
who, not having the charge of families, and being under 
no embarrassments to hinder them from uniting together 
in community order, chuse to enjoy the benefits of that sit- 
uation. These (for mutual safety) enter into a contract to 
devote their services freely to support the interest of the 
family of which they are members, so long as they continue 
in that order ; stipulating, at the same time, to claim no 
pecuniary compensation for their services. But all the 
members of such families are mutually benefitted by the 
united interest and labors of the whole family, so long as 
they continue to support the order thereof; and they are 
amply provided for in health, sickness, and old age. These 
benefits are secured to them by contract. 

Members of this class have the privilege, at their option, 
by contract, to give freely, the improvement of any part or 
all of their property, to be used for the mutual benefit of 
the family to which they belong. The property itself may 
be resumed at any time, according to the contract : but 
no interest can be claimed for the use thereof; nor can any 
member of such family be employed therein for wages of 
any kind. Members of this class may retain the lawful 
ownership of all their own property as long as they think 
it proper, and chuse so to do ; but at any time, after hav- 
ing gained sufficient experience to be able to act deliber- 
ately and understandingly, they may, if they chuse, dedi- 
cate and devote a part or the whole, and consecrate it for- 
ever to the support of the institution. But this is a matter 
of free choice ; no one is urged to do so, but they are rather 
advised in such cases, to consider the matter well, so as not 
to do it until they have a full understanding of its conse- 
23* 



270 SHAKING QUAKERS. 

quences ; lest they should do it prematurely, and afterwards 
repent of it. 

3. The third, or senior class, is composed of such per- 
sons as have had sufficient time and opportunity practically 
to prove the faith and manner of life practiced in the So- 
ciety, and are thus prepared to enter fully, freely, and vol- 
untarily, into a united and consecrated interest. These 
covenant and agree to dedicate and devote themselves and 
services, with all that they possess, to the service of God 
and the support of the gospel forever, solemnly promising 
never to brino- debt nor damage, claim nor demand, against 
the Society, nor against any member thereof, for any prop- 
erty or service which they have thus devoted to the uses 
and purposes of the institution. This class constitutes 
what is called church order, or church relation. 

To entsr fully into this order, is considered by the Soci- 
ety to be a matter of the utmost importance to the parties 
concerned, and therefore requires the most mature and de- 
liberate consideration ; for after having made such a dedi- 
cation, according to the laws of justice and equity, there 
can be no ground for retraction. Nor can they by those 
laws, recover any thing whatever which has been thus dedi- 
cated. Of this, all are fully apprised before entering into 
the contract. Yet should any afterward withdraw, the 
Trustees have discretionary power to bestow upon them 
whatever may be thought reasonable, not on the ground of 
any just or legal claim, but merely as an act of charity. 
No person, however, who withdraws peaceably, is sent 
away empty. 

Children taken into the order of the church, are treated 
with care and tenderness. The government exercised over 
them is mild, gentle, and beneficent, and usually excites in 
them those feelings of affection, confidence, and respect 
towards their instructors which are not often found among 
other children, and generally produces a willing obedience 
to whatever is required of them. The practical exercise of 



SHAKING QUAKERS. 271 

mildness and gentleness of manners, is early and carefully 
cultivated among them. All churlishness and moroseness 
of temper, all harshness of language, all rough, unfeeling 
behavior, all unkind and uncivil deportment, and all mis- 
chievous and wicked propensities, are cautiously watched 
and reproved. Great pains are taken to lead them into the 
practical exercise of truth, honesty, kindness, benevolence, 
humanity, and every moral virtue. The duties of obedi- 
ence to their instructors, respect to their superiors, rever- 
ence to the aged, and kindness and civility to all, are strictly 
enjoined upon them. 

A good common school education is carefully provided 
for them, in which it is acknowledged that they generally 
excel children of their own age in the common schools of 
the country. Where traits of genius are discovered, their 
privilege of instruction, as occasion requires, is propor- 
tionably extended. They are early led into the knowledge 
of the Sacred Scriptures, instructed in their history, and 
practically taught the divine precepts contained in them, 
particularly those of Jesus Christ and his Apostles. They 
are always brought up to some manual occupation, by which 
they may be enabled to obtain a livelihood, whether they 
remain with the Society or not. 

During a period of more than forty years, since the per- 
manent establishment of this Society, at New Lebanon and 
Watervliet, there never has been a legal claim entered, by 
any person, for the recovery of property brought into the 
Society ; but all claims of that nature, if any have existed, 
have been amicably settled to the satisfaction of the parties 
concerned. Complaints and legal prosecutions have not 
hitherto, come from persons who brought property into the 
Institution; but from those who came destitute of property, 
and who, generally speaking, have been no benefit to the 
Society, in any way ; but, on the contrary, after having en- 
joyed its hospitality, and brought no small share of trouble 
upon the people, have had the assurance to lay claim to wa- 



272 SHAKING QUAKERS. 

ges which they never earned, or property to which they nev- 
er had any just nor legal claim. 

No person can be received into this order until he shall 
have settled all just and legal claims, both of creditors and 
filial heirs; so that whatever property he may possess, may 
be justly and truly his own. Minors cannot be admitted as 
covenant members of this order; yet they may be received 
under its immediate care and protection. And when they 
shall have arrived at lawful age, if they should chuseto con- 
tinue in the Society, and sign the covenant of the order, 
and support its principles, they are then admitted to all the 
privileges of members. The members of this order are all 
equally entitled to the benefits and privileges thereof, with- 
out any difference made on account of what any one may 
have contributed to the interest of the Society. All are 
equally entitled to their support and maintenance, and to 
every necessary comfort, whether in health, sickness, or 
old age, so long as they continue to maintain the principles, 
and conform to the orders, rules and regulations of the in- 
stitution. They therefore give their property and services 
for the most valuable of all temporal considerations ; an am- 
ple security, during life, for every needful support, if they 
continue faithful to their contract and covenant, the nature 
of which they clearly understand before they enter into it. 

It may readily be seen, that such an order could not be 
supported, if its members, on withdrawing, should take 
whatever they have given, and have the avails of their la- 
bors restored to them. They have agreed to give it all to 
sacred and charitable purposes, claiming nothing but their 
own support from it. It has been disposed of according to 
their own desire; and the institution may therefore be no 
better able to refund it, than if such dedication had never 
been made. If, therefore, it should be returned to them, it 
would be literally taking it from those who remain faithful 
to their covenant, and giving it to covenant breakers. Who 
cannot see that this would be both unreasonable and unjust? 



SHAKING QUAKERS. 273 

Notwithstanding all reports to the contrary, we confident- 
ly assert that no person has been wronged, by any dedication 
of property ever made to the purposes of this Society; and 
that no person whatever, has any just or reasonable ground 
of complaint in this respect. 

This Society has served as a pattern for all the societies 
or branches of the community which have been established 
in various parts of the United States. In every place where 
the faith and testimony of the Society have been planted, 
the same orders and rules of government have been gradu- 
ally established and maintained ; so that the Society and 
its members are now generally known ; and from the stri- 
king peculiarities which distinguish them from all other 
professors of Christianity, no person need be deceived by 
impostors. 

The perpetuity of the Society is the last thing to be con- 
sidered, on which we offer the following remarks : 

We believe it to be generally granted, that the history of 
the world does not furnish a single instance of any religious 
institution which has stood fifty years without a visible de- 
clension of the principles of the institution, in the general 
purity and integrity of its members. This has been gener- 
ally acknowledged by the devotees of such institutions, and 
facts have fully verified it. But we would appeal to the 
candid judgment of those who have known this institution 
from the beginning, and have had a fair opportunity of ob- 
serving the progress of its improvement, whether they have 
in reality, found any declension, either in the external or- 
der and regulations of the Society, or in the purity and in- 
tegrity of its members, in the general practice of the moral 
and christian duties; and whether they have not, on the 
contrary, discovered a visible and manifest increase in all 
these respects. And hence they may judge for themselves, 
whether the moral character of the Society, and its progres- 
sive improvement, can be ascribed to any other cause than 



274 SHAKING QUAKERS. 

the blessing, protection and government of Divine Power 
and Wisdom ; and why its perpetuity should be called in 
question. 



EXPOSITION CONTINUED, 

[N WHICH SUNDRY INQUIRIES AND OBJECTIONS ARE STA- 
TED AND ANSWERED. 



The following pages were written in the State of Ohio, 
and printed in a pamphlet with the preceding, under the su- 
perintendence of R. McNcmcr and D. Spining, in 1832. 
As they will afford further information to the candid enquir- 
er, they are now reprinted with a few corrections and amend- 
ments. 

Notwithstanding much has been published for the in- 
formation of mankind, relative to the faith and practice 
of the United Society of Believers ; yet we find many among 
the most candid and intelligent, who are still at a loss, and 
often anxiously, and we hope honestly, seeking further in- 
formation, especially on matters of a practical nature. For 
the satisfaction of such, the following pages have been writ- 
ten ; and as truth is our object, we shall aim at presenting 
it in so plain a dress, that it may be easily comprehended 
by persons of common capacity. 

In the first place; it is a question with many, whether 
this Society has for its primary object the things of this 
world, or that which is to come. This question is, of all 
others, of the greatest importance, and ought to be first set- 
tled. It is strangely supposed, that if our main object were 
to prepare for a future state, we would show a greater indif- 
ference about the things of time ; but instead of this, that 
we are as zealous to provide a good living, and to have 



SHAKING QUAKERS. 275 

every thing about us in the best order, and of the most du- 
rable quality ; hence we have been publicly denounced, as 
" a set of worldly minded, cunning deceivers." 

To this strange kind of reasoning we need only reply, 
that all our zeal in improving temporal things, and taking 
satisfaction in the enjoyment of them, will not prove that 
we have no greater enjoyments in prospect; and we think, 
that the manner in which we use temporal things, may 
serve as positive proof, that we consider them of but little 
value, in comparison with the things of eternity. 

Where is the man of the world that could be induced by 
any thing earthly, to confess all his most secret sins, and 
take up a full cross against all manner of sin and unclean- 
ness in his knowledge, and live the life of self denial that 
we live? This single appeal may satisfy the conscience of 
any man, that nothing but motives purely religious can pos- 
sibly induce any person to join this society, andpersevering- 
ly conform to its rules and orders. 

1. The confession of sins. This, being the initiating 
act, opens a large field of inquiry, and some weighty objec- 
tions, especially among Protestants, who have imbibed a 
disgust to almost every point of order held sacred by the 
Church of Rome. It is questioned whether the order of 
the gospel be, to confess to God alone, in general terms, or 
to name the particular acts, thing by thing, in the presence 
of witnesses appointed to hear, remit, and counsel, as the 
case may be. 

The idea of confessing to man, or of any man having 
power to forgive sin, is generally viewed by protestants as 
the greatest presumption. But were it not for the abuses of 
this sacred order, by the Catholic Church, no protestant, 
nor any other person of candor, could read the scriptures 
attentively, and not sec that an oral confession of sins, as es- 
tablished in this Society, was practised both under the law 
and the gospel. The confession, if sincere, is indeed made. 
to God, and it is by his order that the penitent is released, 



276 SHAKING QUAKERS. 

and his sins forgiven him. " Whose soever sins ye remit, 
they are remitted unto them, and whose soever ye retain, 
they are retained." 

A striking evidence of the propriety and justice of this 
order of confession may be observed in mankind under va- 
rious circumstances. A sinner, under deep tribulation and 
remorse of conscience, will often apply to some confidential 
friend in whose piety and goodness he can safely trust, to 
unburden his mind by laying open those crimes which oc- 
casion his remorse, and will often find relief in so doing. 
This is frequently the resource of awakened sinners on a dy- 
ino- bed. Criminals, also, under a just sentence of death, 
and expecting soon to be launched into eternity, will often 
make an open confession of their crimes, and seem to leave 
the world with much more peace of mind than they other- 
wise would have done. These things clearly show that there 
is a witness in the soul of man, implanted by the finger of 
God, to point out the true order of confession. 

2. Self-denial comes next in order. The remission of 
sins that are past, only serves to place the candidate on the 
ground of further trial. By bringing his deeds to the light 
he sees what kind of a creature he is, and what he shall do 
with himself, is now the question. The answer is, " Deny 
thyself." Can any thing be more objectionable? Self is 
the supreme object of every natural man ; nothing so near 
and dear to him as himself; of course, to deny himself ap- 
pears the greatest inconsistency imaginable. Hence it be- 
comes a deep labor to reconcile the mind, in any degree, to 
a course so directly opposite to that of nature. 

The candidate views and reviews his whole life, his ac- 
tions and his principles of action, and compares them with 
their opposites now set before him in the precepts of the gos- 
pel and the example of believers; the infallible result of 
which, in every honest man, is self-abhorrence and a sin- 
cere inquiry, "Lord, what wilt thou have me to do?" 
"Take up thy cross," is the answer. 



SHAKING QUAKERS. 277 

3. The Cross of Christ comes next into consideration. 
Here is the grand halting place with the generality; they 
are unwilling to purchase salvation at so dear a rate. But 
to an honest soul there is no time to hesitate, no room for 
evasion or getting round the cross ; no alternative but to 
make a full surrender, an entire sacrifice. It might, per- 
haps, be understood, that great latitude is given to the young 
believer, to hold and manage his own property, family, &,c. 
It is only so considered after the manner of men ; the faith 
of the gospel makes no reserve. Whoever denies self, de- 
nies all that belongs to self. The grand requisition to disci- 
pleship embraces « all that he hath." He himself is not his 
own, and what can he have that he can call his own? 

Thus the honest soul, having received the faith of the 
gospel, confessed his sins, denied himself, and taken up his 
cross, is placed on the proper ground of probation, to fol- 
low Christ in the regeneration ; which leads to a further 
inquiry into those several steps which are considered more 
or less objectionable, by the generality of mankind. 

1. The first step, which the believer takes in conformity 
to the example of Christ, is to withdraw from the commun- 
ion and fellowship of the world. "Two cannot walk to- 
gether except they be agreed." 

The disagreement between the spirit of Christ and the 
spirit of the world is irreconcileable : therefore, the first 
step that goes to test our faith, is prompt obedience to the 
call of Christ, which ever was, is, and ever will be, " Come 
ye out from among them, and be ye separate." Hence 
begins the first order of the Society. 

No consideration of an earthly nature can bind the be- 
liever to his former associates, nor separate him from the 
company of those to whom he is united in spirit. The 
terms laid down by the Captain of our Salvation are unal- 
terable. No worldly honor, no earthly interest, no natural 
afTection, is taken for an excuse ; but whatever cannot be 
21 



278 SHAKING QUAKERS. 

adjusted and disposed of in an orderly manner, must be 
forsaken. " If any man come to me, and hate not his 
father and mother, and wife and children, and brethren and 
sisters, yea, and his own life also, he cannot be my disciple.'* 
" He that loveth father or mother more than me, is not 
worthy of me; and he that loveth son or daughter more 
than me, is not worthy of me ; and he that taketh not his 
cross and followeth after me, is not worthy of me." (Mat. 
x: 37.) 

We have no system of rules to prescribe the form and 
manner of proceeding, in this matter, each individual acts 
according to circumstances : If there be a neighborhood 
of Believers, they are under no necessity of selling or for- 
saking their houses or lands, or deserting their families. 

They establish their own rules of operation, and unbe- 
lievers rarely mix with them, unless it be to persecute and 
afflict them. Any that live remote, if they are not driven 
off, may take their time for settling their temporal concerns, 
and moving within the bounds of the Society. If they be 
single persons, they are accommodated in some of the fam- 
ilies of Believers; those who have families move them 
somewhere near, if they be willing to come, and provide 
for them if they be able ; if not, they depend on their 
brethren for help. 

When a family is divided, and part hold with believers, 
and part with unbelievers, it furnishes occasion for many 
objections, which may all be answered in the words of 
Christ. " I am come not to send peace, but rather divis- 
ion." (Luke xii : 51.) 

2. When thus separated from the world, and located in 
the order of the Society, the next step is to test their union 
and relation to each other. Their first faith was to make 
a full and unreserved surrender to God, and it now remains 
to prove the sincerity of their dedication. If God is in 
heaven, and we upon earth, how is he to receive this dedi- 
cation and surrender ? This question is answered by Christ 



SHAKING QUAKERS. 279 

hfmself: "Whatsoever ye do unto the least of these my 
brethren, ye do it unto me." 

The matter then is to regulate and adjust the general 
interest to the best advantage, for the mutual support and 
benefit of all. This is a radical principle that pervades the 
whole concern, from its embryo to its greatest maturity, 
and holds a selfish nature to the cross in every arrangement 
that takes place. 

The arrangement of persons, is a matter of the first im- 
portance, to organize them in family order, to assign to 
each individual the lot and place which he is best qualified 
to fill, and in which he can improve his talents to the best 
advantage. This, however wise and economical, is not 
without serious objections, particularly on the ground of 
disorganizing families, and dissolving the ties of nature. 
But those who esteem the gospel relation as the most valu- 
able treasure, must gain it, though it be at the expense of 
those partial affections so highly prized by the children of 
this world. 

3. When a family, in gospel relation, is thus constituted, 
the next inquiry is, what step is taken to arrange their tem- 
poral interest and their mutual labors, so as to prevent con- 
fusion ? What example has Christ given in that respect ? 
Answer. In the first gathering of Believers, under the 
ministry of the Apostles, while they had all things common, 
there was cause of murmuring, till deacons were appointed 
to see that justice was done to all. According to this ex- 
ample, when property is united together and appropriated 
to common purposes, it is placed under the care and man* 
agement of a deaconship, who are to be responsible for the 
same. 

A covenant is entered into between the parties, in which 
the use and benefit of the property, and the services of all 
and each are freely devoted to the common support of the 
family ; but to prevent fraud or imposition, no transfer of 
property is made to the deacons or to any other person. 



280 SHAKING QUAKERS. 

As this order is merely probationary, the utmost caution 
is used to prevent imposition. Each individual who brings 
property with him, has it valued by disinterested men, takes 
an inventory of it signed by the appraisers, delivers it to 
the care and custody of the deacons, and if he should after- 
wards call for it, he receives it without interest, and gives a 
receipt and acquittance from all farther demands. 

The reasons for retaining this joint property on the 
ground of individual and separate claims, are to afford each 
a sufficient time of trial, and to secure a just settlement of 
all individual accounts. As long as there is any ground of 
claim upon the individual, his property remains in his own 
power, liable for his debts and other personal purposes. It 
is therefore in this order that all matters are adjusted rela- 
ting to the settlement of property, all accounts settled with 
creditors, and donations given or appropriations made to 
heirs : but above every temporal consideration, it is here 
that the following lines begin to be realized : 

Our flesh and sense must be denied, 
Passion and envy, lust and pride ; 
While justice, temp'rance, truth and love, 
Our inward piety approve.* 

Few objections are ever brought against the order of 
such a family, relative to their domestic economy ; but the 
case of the withdrawing members sometimes excites the 
tender sympathies of the world. For such to receive barely 
what they brought in ; no interest ; no wages ! How will 
this comport with the injunctions of scripture, not to de- 
fraud the hirelino- of his waijes ; or how will it bear the 
scrutiny of the laws of the land? 

Answer. We have ever, from the beginning, discarded 
the idea of hireing each other, or paying wages to any 
member of the Society ; therefore, no objection can arise 

* Dr. Watts, 



SHAKING QUAKERS. 281 

on the ground of defrauding a hireling ; and as for paying 
interest, it is pointedly prohibited by the moral law. 

" Thou shalt not lend upon usury to thy brother, usury 
of money, usury of victuals, usury of any thing that is lent 
upon usury." — " Lord, who shall abide in thy tabernacle? 
Who shall dwell in thy holy hill V Mark the answer. 
" He that putteth not out his money to usury." 

As for the laws of the land, they will be considered here- 
after, in reference to a higher order, which is the next sub- 
ject of inquiry. 

4. The fourth and last step that is marked out for our 
journey through time, is into Church order, where the spirits 
of men are to be tried as by fire, " and the fire shall try 
every man's work of what sort it is ;"* their characters 
will be fairly tested, and their destiny for a future, state de- 
cided. Every order short of this, is merely preparatory, 
and admits of some reserve ; but whoever advances into 
church relation, ought to calculate to make no reserve, and 
" to go no more out."f He must enter this order as Noah 
entered the ark, to ride the foaming billows of time, and 
terminate his voyage on the peaceful shores of eternity. 

To this ark of safety, the true Believer steadily and 
gradually progresses, making strait paths for his feet, until 
he arrives at the door of admission. 

When a competent number have passed through a suffi- 
cient trial of their faith, in the junior order, and are uni- 
tedly prepared to establish and support church relation, they 
have only to ratify and confirm their inward agreement by 
executing what is, by way of eminence, called the Church 
Covenant. Our limits will not admit of inserting this Cov- 
enant entire ; we shall therefore only state the outlines of 
its stipulations. 

The parties solemnly announce their faith, and the object 
of their associating together in that order. They agree to 

♦1 Tlitss. iii: 13. tlUv. iii: 1J. 



282 SHAKING QUAKERS. 

live together as brethren and sisters of one family, possess- 
ing one consecrated interest, and equally enjoying the bene- 
fits of the same ; to conform to the order of the Church 
heretofore known and approved. The several orders of 
ministry, elders, deacons, and trustees, and the duties of 
each, are severally designated, as also the duties and obli- 
gations, rights and privileges of the members respectively,. 
They further, in the most explicit terms, relinquish all claim 
to personal or private property, and wages for their services,, 
and debar, not only themselves, but their heirs and assigns 
for ever, from all private claims to the said consecrated in- 
terest, on account of any property or service which they 
may have contributed and bestowed, and jointly securing 
to all and each, the unmolested enjoyment of all those ben- 
efits and privileges, spiritual and temporal during life, pro- 
vided they perseveringly conform to the principles and rules 
of the institution. 

The visible fruits of tlie Senior order are the best com- 
ment on its principles. The world have little to say but in 
admiration. Nor would the most penetrating eye discover, 
in all the arrangement, cause for complaint, or criminal 
charge, without the help of a Judas, to misrepresent and 
falsify. 

No trouble or calamity, worth naming, has ever arisen on 
this consecrated ground, but through the agency and instru- 
mentality of those who violate their sacred engagements, re- 
nounce the faith, and demand reparation, for the damages: 
which they pretend to have sustained. 

But as this is a subject of peculiar importance, we shall 
give it a distinct consideration. 

THE CLAIMS OF APOSTATES CONSIDERED. 

The case now under consideration having been briefly 
treated in the preceding part of this work, we shall con- 
tinue the inquiry, under a general appeal to every rule of 



SHAKING QUAKERS. 283 

right, and see whether on any fair principle the community 
can be made liable for property so devoted, or labor per- 
formed under such conditions. 

Let us, then, in the first place, inquire : Is it just and 
jright to retain such donations, in the eye of the law ? 

The answer is clear, that if the law grants the liberty of 
bestowing a gift, it never can revoke the gift made under 
the sanction of that law ; since all the blessings of a free 
government depend on the protection of life, liberty, and 
the enjoyment of property; the right of using property 
righteously acquired, must, of course, be accounted one of 
its blessings. We boast of our constitution, and it expressly 
prohibits the enacting of any law which would impair any 
bonajide contract or agreement whatever. 

When we undertake to prove that it is right, according 
to law, for any person (free from all incumbrances or lawful 
demands) to bestow his own property or services to any 
amount, and to whomsoever he sees fit, it seems like an un- 
dertaking to prove that two and two make four. The right 
to give alms and to make donations, either in property or 
labor, is guaranteed by the laws and usages of all nations. 
Landed property may, under some governments, be entailed, 
but even estatestail are considered by us as inconsistent 
with the genius of a free republic ; because the possessor 
of such estate is restrained in his disposal of it. Even in 
England, legal finesse is resorted to, to break the shackles 
which had been anciently imposed upon the right of giving 
away property as the proprietor of it pleases. 

No one, we think, can seriously doubt of the legal right 
which every man in this country possesses, of giving away 
and receiving property according to the very order and man- 
ner practised by the Church. 

Another inquiry is raised on the ground of equity. Ad- 
mitting it is consistent with the rules and maxims of law, 
will it comport with the pure principles of justice and 
equity ? 



284 SHAKIXG QUAKERS. 

Answer. In the first place, let us examine wherein 
there is, or may be a difference between law and equity- 
It may be supposed that the law, that is our written, or 
statute laws, are defective by reason of that universality of 
expression, which nothing but a closer-going principle of 
equity can correct by reaching the minutest circumstance of 
every case. The written law cannot be made so explicit 
as to include in the strictest terms of expression, or fair im^ 
plication, all that is necessary, in order to bring to justice 
the artful and designing, by tracing them through all their 
dark and crooked windings, and those subtle schemes which 
they invent to entrap and defraud the less artful or more 
honest. 

A court is therefore instituted for the relief of such suf-> 
ferers, and this is called a court of equity. In this court 
the judge may decide according to evidence, and the com- 
mon or written law. Where there is no statute that will 
bear him through, he may select and apply the principles 
of common law to the case in hand ; and where he can 
find none to suit, he takes such as are most analogous, 
and, according to his own scrutinizing judgment, raises up 
a new principle, or correcting law, by which he decides 
the case. This important subject requires a serious atten- 
tion, in order to discover its just merits. 

The Church would be supposed to be so deeply interest- 
ed, that a righteous decision could not, from that quarter, 
be expected ; and of course, the withdrawing member — all 
his near relations — every other member who has left the 
Society, and every one who intends to leave it, are, by 
reason of their self-interest in the adjudication, incapable 
of being impartial. We have no alternative now left, but 
to look to those who are the least liable to be influenced 
by interest, and who, at the same time, are the most capa- 
ble of understanding such matters. This will lead us di- 
rectly to the court of equity, by reason of its superior adn 



SIIAKIXG QUAKERS. 28o 

vantages in obtaining the evidence of the facts, as well as 
its extensive powers in gathering the opinions and judg- 
ments, the laws and usages of the wisest and best men who 
have lived for many ages past. 

And what would, or what could such a tribunal do in 
the present case ? In this court, as well as all others, the 
•decision must be given according to law and evidence. 

Here the covenant is the evidence of the fact, that the 
withdrawing member did voluntarily give his property and 
services for the uses therein specified ; and also that he 
therein promised never to make any charge or demand for 
the same. 

Here the fact is clear and indisputable; and the court 
find that the common law secures to all sane persons, who 
are not under duress or constraint, the power of making 
such donations of property or of services, as they have 
a just claim to. The court of equity, therefore, as well as 
that of rigid justice, must and will decree that the dona- 
tion was lawfully and rightfully made ; and that the cove- 
nant by which the gift was secured, is lawful and good, 
and that any act or decree that would disannul or make it 
void, would be wrong, and altogether immoral in its tend- 
ency, as it would, in effect, destroy all covenants or agree- 
ments, deeds and obligations, in short, that the whole 
foundation of social compact or intercourse between man 
and man would be swept away, and that breach of promise 
would no more be wrong. 

Thus we see by the authority that is deemed the most 
wise and the most pure on earth, it is established, that it 
would not be right, but wrong, for the withdrawing mem- 
ber to break his vow, or make any demand for such conse- 
crated service or property. Whence it follows of course, 
that whatever he can rightfully receive, must be given to 
him, according to the provisions of the covenant, as a 
charity. 

Most clearly then, any one losing his right of member- 



286 SHAKING QUAKERS. 

ship, by renouncing his faith and his former obligations of 
obedience, has no better claims to privileges, property or 
support, than those who never were members. But those, 
and those only, who acknowledge and obey the faith and 
doctrines of the gospel, and conform to the rules and or- 
ders thereof, are held in relation as members. 

But in the next place, admitting that no law of man can 
reach the case, may it not be expected that for conscience 
toward God, remuneration will be made 1 We answer ; 
All that conscience has to do in the matter, is, to require 
the judgment to be honestly exercised to decide the case 
according to the best light, rule or law, which it may be in 
possession of. And as we have already seen what the de- 
cision would be of a conscientious judge, when guided by 
the best rules or laws among men ; so there can be no pro- 
priety in appealing to conscience, unless she be allowed to 
have access to some acknowledged rule of judgment. Now 
to understand this last appeal fairly, the question is — What 
rule of judgment is to be considered as most binding on 
the moral sense or conscience of a Christian ? It will be 
answered — The revealed will of God, as recorded in the 
scriptures of the Old and New Testaments. Then, " to 
the law and to the testimony ; if they speak not according 
to this word, it is because there is no light in them." 
(Isa. viii.20.) 

We will first mention the positive requirements under 
the law. One tenth of all their increase was to be conse- 
crated ; in addition to this, every first born male of man 
and beast. These, with other positive requirements under 
the law, plainly show that God holds a claim to property, 
and to persons too, for his special service. And were those 
large donations ever credited to the donor, with any view 
to a recovery ? 

But beyond positive requirements, there was an abun- 
dance of free-will offerings, which were encouraged and 
highly approbated. All vows and promises to dedicate to 



SHAKING QUAKERS. 287 

the service of God, either property or person, were appro- 
ved and confirmed. And however they might, under the 
influence of the selfish principle, afterwards change their 
minds, they were never permitted to fail in the fulfilment 
of their sacred voluntary engagements. " If a man vow a 
vow unto the Lord, he shall not profane his word, he shall 
do according to all that proceedeth out of his mouth." 
(Numb. xxx. 2.) No provision here for any change of 
mind. 

Now, what think ye, did Christ come to destroy the law, 
or to fulfil it ? Did he teach his disciples to be more selfish, 
more penurious, or more tenacious of their property than 
had been customary ? Just the reverse. 

The law, by levying on a part, for the purpose of sup- 
porting union, only served as a school master to bring us 
to Christ, whose doctrine required an entire devotion of 
all that a man had, and his own consecrated life into the 
bargain. Let him that readeth understand. " Whosoever 
he be of you that forsaketh not all that he hath, he cannot 
be my disciple. (Luke xiv. 33.) 

Hence the example of the poor widow was so highly 
commended in putting into the treasury all that she had, 
even her whole living, although it was but about a farthing. 
For the gospel requires a full surrender to God, from those 
who profess it, and any one under the profession of obedi- 
ence to the gospel, in full church relation, attempting to 
hold back a part of his property or services for self, may 
remember Ananias and Sapphira. And how could any one 
stand on any better ground, who had solemnly and freely 
given up all, should he ever afterwards attempt to take 
back a part or the whole of what he had freely devoted ? 
For any thing further on this point, we refer to the ever 
memorable facts recorded in the acts of the Apostles, where 
it is said, "The multitude of them that believed, were of 
one heart, and of one soul ; neither said any of them that 
aught of the things which he possessed was his own ; but 
they had all things common." (Acts iv. 3^.) 



288 SHAKING QUAKERS. 

Is there any evidence that aught of this property was 
ever reclaimed, or that there ever was an order of court, 
either in heaven or on earth, to repeal those gifts, and sub- 
ject the church to debt or damage for the same? 

The result of this inquiry, then, is obvious, that con- 
science has no other concern in the matter, except to ac- 
quiesce in the principles of right, established by all the. 
aforesaid authorities, and decide accordingly. 

Some, for mere evasion, have brought up the golden 
rule, of doing to others as we would they should do to us > 
and as they would fondly apply it, we think a greater ab- 
surdity could not be invented. We are willing this rule 
should be applied to us in any rational point of view; it is 
that by which we square our conduct in all our transactions 
with mankind ; but should we follow the ignis fatuus light 
of a self-interested apostate, and his advocate, where 
would it lead us ? 

But what do we to others, that we would not that they 
should do to us? We covet no man's silver or gold, or 
property of any description ; of course we wish them not 
to covet ours. — We demand nothing from any man to 
which we have not a lawful right, and why should we not 
repel an unlawful demand upon us ? and as we punctually 
keep and fulfil our contracts, so we wish others to do. 
And though we vow to our own hurt, we change not. 
(See Psalms xv. 4.) And could we wish others to act dif- 
ferently ? But should we at any time recant a fair bargain, 
and attempt by law to force our opponent into a compli- 
ance with our covetous wishes, we would that the court 
should brand such a suit with infamy. Then let such be 
the result of all illegal claims against the Church, and all 
differences of opinion on this interesting subject will be 
fairly and impartially settled. 

Here we think the argument might close ; but one final 
objection, on account of serious minds, we shall consider, 
namely, that this final dedication is carrying the matter too 



SHAKING QUAKERS. 289 

far— farther than the general sense of mankind will appro- 
bate ; consequently it renders the institution unpopular : 
whereas, by some little alterations in the church covenant, 
permitting the withdrawing member to take back his prop- 
erty, and allowing him something for his labor, the insti- 
tution might be more extensive and useful. 

Answer. Had we been set to contrive the plan, no doubt 
we should have adopted such views ; but all we have had 
to do in the matter, has been to receive it as it has been 
originally constructed by a higher authority. 

But to obviate what Dr. Clelland of Kentucky terms its 
" odious unpopularity]'* we would remark that every de- 
gree of the work of God that has ever been introduced 
among mankind, has been odiously unpopular in its com- 
mencement. By consulting Dr. Lardner's quotations from 
the book of Celsus, it will appear how popular Christ him- 
self was in the early days of his ministry. 

But so it is, that every step in the travel of the church 
towards her consummate glory, has been under an increas- 
ing cross. The circumcised Jew was odiously unpopular 
to the whole Gentile world, and Christians, as long as they 
maintained the circumcision of Christ, supported no better 
character in the esteem of a licentious world ; from which 
the conclusion is evident, as it respects the finishing work 
of God in this latter day ; that it must be by a full cross 
that the church can possibly arrive at her consummate 
glory- 
No one is compelled to bear such a cross ; but when the 
time is fully come for Zion to arise and put on her beauti- 
ful garments, and a people are prepared to take up such a 
cross, is it consistent that God should suspend his purposes, 
and procrastinate his work, because it is likely to be un- 
popular, and but. a few ready to approbate it ? 

The unpopular few, who chusc to advance to the height 

* Sec Unitarinni-m Unmasked, page 161. 



290 SHAKING QUAKERS. 

of Zion, cannot interrupt any that chuse to tarry on the 
plain of mere partnership and self-interest; but as an apol- 
ogy for our holding fast what we have received, let us for 
a moment take a view of a society constituted on the 
popular plan. 

Here all are equally prepared and invited to flock to- 
gether ; the multitude must include whole families, old and 
young, rich and poor, weak and strong, with their several 
interests, talents and faculties. All go to work that are 
able and willing, and all derive their support from the joint 
stock, each has his property appraised, and his money and 
property, of course, going on interest. 

Who, now, is to register those several sums, and calcu- 
late the annual interest, and keep book for a fair reckon- 
ing of loss or gain ? Who is sufficiently versed in arithme- 
tic to calculate the value of the days' works performed by 
this popular assembly, and make the proper deductions for 
boarding, washing, lodging, clothing, doctoring, and other 
necessary expenses ? all which must be done, if each is to 
retain his personal interest, and a legal and just settlement 
is to be made. And without such regular accounts, what 
sworn jury could legally guess what the annual labor of an 
individual was worth, or how much ought to be deducted 
for necessary and contingent expenses. But we leave it 
to those who have attempted the experiment, or may wish 
to establish a community on such a plan, to make the cal- 
culation. If, indeed, any one should attempt to apply the 
principle, and make the calculation, he would soon find 
that a united body of people could never stand on that 
ground ; because the selfish principle it would involve, and 
the difficulties and confusion it would occasion, would in- 
evitably dissolve the institution. But if any chuse it, let 
them try the experiment. We have but one object in view, 
and that is to fulfil, in the most unequivocal manner, " all 
that the prophets have spoken" concerning the church of 
God in the latter day. 



SHAKING QUAKERS. 291 

And thus, after examining the subject on every side, 
it evidently appears that the unity, purity and perpetuity 
of the church can never be gained and supported, except 
upon those very principles upon which this institution is 
founded. 

And here we shall close this subject, with a few passing 
remarks on this pure principle of self-denial, and impartial 
regard to the welfare of others, — a principle which induces 
its subject to give, hoping for no remuneration in this 
world, and freely to exchange the selfish and contracted 
pleasures of time, for the more sublime and exalted enjoy- 
ments for which man was created. 

That such a principle does exist, and that wherever seen, 
it ought to claim universal approbation, a few actions, 
under peculiar circumstances, seem to prove. A spirit of 
benevolence in doing good to the poor, in a man's hazard- 
ing his own life, to save the life of his fellow creature, in 
his suffering toil and danger for his country's sake, without 
pecuniary reward ; how are these things admired ! How 
are such characters eulogized ! What an immortal renown 
accompanies their names ! 

Of this truth we have a signal instance in George 
Washington. And what, pray, did he do, which con- 
strains all to honor him ? Why, he perseveringly endured 
privations and hardships ; was faithful, zealous and enter- 
prising in the cause in which he was engaged ; refused pe- 
cuniary reward for his arduous services ; and lastly, (and 
this crowned all) he did not do what so many successful 
chiefs have done, — he did not usurp the sovereign power 
when it was within his grasp, but resigned up his commis- 
sion and retired in peace. What is it then, that calls forth 
unbounded and universal esteem, but a measure of self de- 
nial, so conspicuous through the different parts of his public 
life, as well as his private walks? 

Here we see that God has a witness in every man's 
breast, which is compelled to honor and approve of the 



292 SHAKING QUAKERS. 

principle of self-denial. How liitle soever they may exer- 
cise it, they are ready to testify its heavenly origin. 

How must mankind feel when they come to see and 
know that the church, as to its principles, is founded 
wholly on the doctrine of self-denial, and that it is built 
up, entirely, by the practice thereof. If one man should 
be induced, through friendship, to give up his own life 
to save the life of his friend, and do it deliberately, his 
fame would be sounded far and near, especially if that 
friend should be some person of note. But how must the 
world be confounded when all come to know that every 
simple, cross-bearing Believer, (and that there are hun- 
dreds of such) is constantly in the actual work of laying 
down his earthly and sensual life, for the sake of Christ, his 
everlasting friend. And can it be disputed that such are 
entitled, above all others, to the sure and certain hope of 
gaining a better and far more excellent life, according to 
the promise of Christ, his immutable friend and Lord : 
" Whosoever will save his life, shall lose it : but whosoev- 
er shall lose his life for my sake and the gospel's, the same 
shall save it." And again: "He that loveth his life, shall 
lose it; and he that hateth his life in this world, shall 
keep it to life eternal." (Mark viii. 35, and John xii. 25.) 

EXTRACTS FROM THE CHURCH COVENANT. 

The following extracts are made from the written Cove- 
nant which was adopted and executed in the Church of the 
United Society in the year 1830. They show the essential 
object for which the Society was established, the manner 
in which the temporal interest of the Church is held, and 
the purposes for which it is used and appropriated by the 
Trustees. They also show the privileges enjoyed by, and 
the duties required of the members for whose benefit the 
temporal concerns of the Society have been regulated and 
managed since the first establishment of this Institution. 

Article II. — The great object, purpose and design of 



SHAKING QUAKERS. 293 

our uniting together as a Church, or Body of people, in so- 
cial and religious compact, is faithfully and honestly to oc- 
cupy, improve and diffuse the various gifts and talents, 
both of a spiritual and temporal nature, with which Divine 
"Wisdom has blessed us, for the service^f God, for the 
honor of the gospel, and for the mutual protection, sup- 
port, comfort and happiness of each other, as brethren and 
sisters in the gospel, and for such other pious and charita- 
ble purposes as the gospel may require. 

Art. III. Sec. 1. — The official Trustees of the Church 
are invested with power to take the general charge and 
oversight of all the property, estate and interest dedicated, 
devoted, consecrated and given up for the benefit of the 
Church ; to hold in trust the fee of all lands belonging to 
the Church. And the said property, estate, interest, &,c. 
shall constitute the united and consecrated interest of the 
Church, and shall be held in trust by the said Trustees, in 
their official capacity, and by their successors in said office 
and trust, forever. 

Sec. 2. — It is, and shall be the duty of the Trustees, to 
improve, use and appropriate the said united interest, for 
the benefit of the Church, in all its departments, and for 
such other religious and charitable purposes as the gospel 
may require ; and also to make all just and equitable de- 
fence in law, for the protection and security of the conse- 
crated and united interest, rights and privileges of the 
Church and Society, jointly and severally, as an associated 
community, so far as circumstances and the nature of the 
case may require. Provided nevertheless, that all the 
transactions of the said Trustees, in the use, management, 
protection, defence and disposal of the aforesaid interest, 
shall be for the benefit and privilege, and in behalf of the 
Church or Society, as aforesaid ; and not for any private 
interest, object or purpose whatever. 

Sec. 3. — It shall be the duty of the Trustees to give in- 
formation to the Ministry and Elders of the Church, of 



294 SHAKING QUAKERS. 

the general state of the temporal concerns of the Church 
and Society committed to their charge ; and also to report 
to said authority, all losses sustained in the united interest 
thereof, which shall come under their cognizance. And 
no disposal of a«y of the real estate of the Church, nor 
any important contract shall be considered valid without 
the previous approbation of the authority aforesaid, to 
whom the said Trustees are, and shall at all times be held 
responsible in all their transactions. 

Art. VI. Sec. 1. — The united interest of the Church 
having been formed and established by the free-will offer- 
ings, and pious donations of the members respectively, 
from the commencement of the Institution, for the objects 
and purposes already stated, it cannot be considered either 
as a joint tenancy or a tenancy in common, but as a con- 
secrated ichole, designed for, and devoted to the uses and 
purposes of the gospel forever, agreeable to the established 
principles of the Church ; therefore it shall be held, possess- 
ed and enjoyed by the Church, in their united capacity, as 
a sacred and covenant right; that is to say, all and every 
member thereof, while standing in gospel union, and main- 
taining the principles of this covenant, shall enjoy equal 
rights, benefits and privileges, in the use of all things per- 
taining to the Church, according to their several needs and 
circumstances ; and no difference shall be made on account 
of what any one has contributed and devoted, or may hereaf- 
ter contribute and devote to the support and benefit of the 
Institution. 

Sec. 3. — As subordination and obedience is the life and 
soul of every well regulated community, so our strength 
and protection, our happiness and prosperity in our capa- 
city of church members, must depend on our faithful obe- 
dience to the rules and orders established in the Church, 
and to the instruction, counsel and advice of its leaders : 
Therefore we do hereby covenant and agree, that we will re- 
ceive and acknowledge as our Elders in the gospel, those 



SHAKING QUAKERS. 295 

members in the Church who are or may be chosen and ap- 
pointed for the time being, to that office and calling, by 
the authority aforesaid ; and also, that we will, as faithful 
brethren and sisters in Christ, conform and subject our- 
selves to the known and established faith and principles of 
our community, and to the counsel and direction of the 
Elders who shall act in union as aforesaid ; and also to all 
the orders, rules and regulations which are, or may be given 
and established in the Church, according to the principles, 
and by the authority aforesaid. 

Sec. 4. — As the faithful improvement of our time and 
talents in doing good, is a duty which God requires of man, 
as a rational, social and accountable being, and as this 
duty is indispensable in the members of the Church of 
Christ, therefore it is, and shall be required of all and 
every member of this Institution, unitedly and individually, 
to occupy and improve their time and talents, to support 
and maintain the interest of this Society, to promote the 
objects of this Covenant, and discharge their duty to God 
and each other, according to their several abilities and call- 
ings, as members in union with one common head ; so 
that the various gifts and talents of all, may be improved 
for the mutual benefit of each other, and all concerned. 



WITCHCRAFT. 



The few pages that close this work, are devoted entirely 
to a repetition of strong cases of ancient demonology and 
witchcraft detailed at the time of their occurrence by the 
Rev. Cotton Mather, a celebrated Divine in this country, 
and other clergymen and learned men of that day, many 
of which cases, they pledge their reputation, occurred 
within their own view, and are accurately and truly repre- 
sented. 

That they honestly believed what they have related, can- 
not be doubted by the reader on the perusal of the original. 
Indeed, their excited feelings affected more to keep up this 
strange belief in supernatural events, than all things else ; 
for they w r ere usually the prosecutors, witnesses, and jury, 
to try the guilty — for guilty they of course were, if suspect- 
ed and accused. And the offenders were pre-judged, con- 
demned, and executed in the minds of ihe tryers as much 
before the evidence was heard, as subsequent. It was a 
business of condemnation under high excitement, not of 
judicious, honest, adjudication of facts proved before them. 
The few cases I have collected, are only inserted here to 
shew the amazing improvement in the minds of men since 
that strange and truly eventful period of the dark ages. 

The following are the only cases of trials for witch- 
craft upon the Records of the Colony of Connecticut, 
which are transcribed accurately from the Record. 

A Court held at Hartford, July 2d, 1663. 

Elizabeth Seger, thou art here Indited by the name of 
Elizabeth Seger, for not haveing the feare of God before 
thine Eyes ; thou hast enterteined familiarity with Sathan, 
the grand Enemie of God and mankind, and by his help, 
hast acted things in a preternaturall way beyound the orde- 
nary course of nature, as allso for that thou hast committed 
Adultery, and hast spoken Blasphemy against God, con- 



WITCHCRAFT. 207 

trary to the Lawes of God and the established Lawes of 
this Corporation, for all or any of which crimes by the sayd 
Lawes thou deservest to dye. 

The Prisoner pleaded not Guilty of the Inditement, and 
refered herselfe to the tryall of the Jury. 

The Jury returne that they finde the Prisoner Guilty of 
the Inditement in that perticuler of Adultery. 

June, A. D. 1665. 
The Inditement of Elizabeth Seger. 

Elizabeth Seager, thou art here indited by the name of 
Elizabeth Seager, the wife of Richard Seager, not having 
the feare of God before thine eyes, thou hast entertained 
familiarity with Sedan, the Grand Enemy of God and man- 
kind — hast practiced witchcraft formerly, and continuist to 
practice witchcraft, for which, according to ye Lawes of 
God and the establisht Law of this Corporation, thou de- 
servest to die. 

The Prisoner answers not guilty, and refers herself to be 
tried by God and the Country. 

The Jury being called to return their Verdict upon ye 
Inditement of Elizabeth Seager, the Foreman declares that 
they find the prisoner Guilty of familiarity with Satan. 

Respecting Elizabeth Seager, this Court considering the 
verdict of ye Jury, and finding that it doth not legally an- 
swer the Inditement, doe therefore discharge and set her 
free from further suffering or imprisonment. 

This is a true copy of record. 

The same Elizabeth Segar had been before tried and ac- 
quited for the same offence committed with the crime of 
adultery, and found guilty of adultery, and not guilty of 
witchcraft. 

Court of Assistance at Hartford May -l~>, 1099. 

Kateram Harrison, thou Btandest here Indicted by ye 
name of Kateram Harrison, of Weathersfield, as being 
Tuilty of Witchcraft, for that thou not having the fear of 



298 WITCHCRAFT. 

God before thine eyes, hast had familiarity with Sathan, the 
grand enamie of God and mankind ; and by his help hast 
acted things beyound and besides the ordinary course of 
nature, and hast thereby hurt the bodyes of diuers of the 
Subjects of our Souraigne Lord, the King ; for which, by 
the law of God and of this Corporation, thou oughtest to 
dye. What sayest thou for thyselfe, guilty or not guilty. 
The Prisoner returned not guilty, and referred herself to a 
Tryall by the Jury present. — Juryes Oath. You doe sware 
by the grate dreadfull name of the euerliuing God, that you 
well and truely try, Just verdict giue, and true deliuerance 
make between our Sourigan Lord, the King, and such 
Prisoner or Prisoners at the Barr as sheals be given you in 
charge according to euidence giuen in Court and the Iawes, 
so help you God, in our Lord Jesus. 

The Jury finding difficulty in the matter given them in 
charge, in reference to the Indictment of Kathern Harrison, 
cannot as yet, agree to give in a verdict ; upon which the 
Court see cause to adjourne vntill the next Sasion of the 
Court of Assistant in October ; at which time the Jury are 
to appare to give their verdict, and the Prisoner to remaine 
in duerance till that time, 

4 Court. of Assistants held at Hartford October 1*2, 1G9& 

The Jury were called in Court, and did appeare, who 
were by the Court ordered to pass upon the consideration 
of the Indictmeut of Kath. Harrison, formerly committed 
to them. 

The Jury being called to give in their verdict upon the 
Indictment of Katherin Harrison, returne that they find the 
prisoner guilty of the Indictment. 

This Court haueing considered the verdict of the Jury 
respecting Kathern Harrison, cannot concur with them so 
rs to sentance her to Death, or to a longer continuance in 
restraint, but do dismiss her from her imprisonment, she 



WITCHCRAFT. * 299 

paying her Just fees, willing her to minde the fullfilment of 
remouing from Weathersfield; which is that will tend most 
to her owne safety and the contentment of the people who 
are her neighbours. 

WITCHCRAFT, 1694. P. 77. 

Capt'n Daniel Clark at this Court as Att'y in behalf of 
our sovreign Lord, the King, appeared in Court and ar- 
rained Winnfield Benham Sen'r, and Winnfield Benham, 
Jr. both of Wallingford, for having familiarity with Satan, 
the enemy of God and mankind, and by his aid doing many 
preternatural arts, by mischievously hurting the bodies and 
goods of sundry persons, viz., of John Moses, Jr., Joseph 
Roys and Ebenezer Clark, with divers others, to the great 
damage and disturbance of the public peace, &lc. This 
bill of Charges, with the testimonies relating thereunto, 
being referred to the consideration of the Grand Jury, re- 
turned upon the bill Ignoramus. 

This suit was commenced at N. Haven, but tried at 
Hartford. 



It is to be confessed and bewailed, that many inhabitants 
of New England, and young people especially, had been 
led away with little Sorceries, wherein they did secretly 
those things that were not right against the Lord their God : 
they would often cure hurts with spells and practice detest- 
able conjurations with Sieves, and Keys, and Peas, and 
Nails, and Horse Shoes, to learn the things for which they 
had a forbiden and impious curiosity. Wretched Books 
had stolen into the land, wherein fools were instructed how 
to become able fortune tellers. 

Although these diabolical divinations ;iro more ordina- 
rily committed perhaps all over the world, than they arc in 
the country of V w England, yet that being a country de- 
voted unto the worship and service of the Lord Jesus Christ 
above the rest of the world, he signalized his vengeance 



300 WITCHCRAFT. 

these wickednesses with such extraordinary dispensations 
as have not often seen in other places. 

The Devils which had been so played withall, and it may 
be by some few criminals more explicitly engaged and em- 
ployed, now broke in upon the country after as astonishing 
a manner as was ever heard of. Some scores of people, 
first about Salem, the centre and first born of all the towns 
in the Colony, and afterwards in other places, were arrest- 
ed with many preturnatural vexations upon their bodies, 
and a variety of cruel torments which were evidently from 
the Demons of the invisible world. The people that were 
infected and infested with such demons, in a few days time 
arrived unto such a refining alteration upon their Eyes that 
they could see their tormentors : they saw a Devil of a little 
stature, and of a tawny colour, attended still with spectres 
that appeared in more human circumstances. 

The tormentors tendered unto the afflicted a book requi- 
ring them to sign it, or to touch it at least, in token of their 
consenting to be listed in the service of the Devil ; which 
they refusing to do, the Spectres under the command of 
that black man, as they called him, would apply themselves 
to torture them with prodigious molestations. 

The afflicted wretches were horribly distorted and con- 
vulsed ; they were pinched black and blue; pins would be 
run every where in their flesh; they would be scalded until 
they had blisters raised on them ; and a thousand other 
things, before hundreds of witnesses, were done unto them, 
evidently preternatural ; for if it were preternatural to keep 
a rigid fast for nine, yea, for fifteen days together ; or if it 
were preternatural to have ones hands tied close together 
with a Rope to be plainly seen, and then by unseen hands 
presently pulled up a great way from the earth, before a 
crowd of people ; such preternatural things were endured 
by them. 

But of all the preternatural things which these people 
suffered, there were none more unaccountable than those 



WITCHCRAFT. 30 i 

wherein the prestigious Demons would ever now and then 
cover the most corporeal things in the world with a fascin- 
ating mist of invisibility. fi_s now, a person was cruelly 
assaulted by a spectre, that she said came at her with a 
spindle, though nobody else in the room could see either 
the spectre or the spindle ; at last, in her agonies, giving a 
snatch at the spectre, she pulled the spindle away ; and it 
was no sooner got into her hand, but the other folks then 
present beheld that it was indeed a real, proper, Iron spin- 
dle ; which when they locked up very safe, it was, never- 
theless, by the demons taken away to do farther mischief. 

Again, a person was haunted by a most abusive spectre, 
which came to her, she said, with a sheet about her, though 
seen to none but herself. After she had undergone a deal 
of teaze from the annoyance of the spectre, she gave a 
violent snatch at the sheet that was upon it ; wherefrom she 
tore a corner, which in her hand immediately was beheld 
by all that were present, a palpable corner of a sheet : and 
her Father, which was of her, catched, that he might see 
what his Daughter had so strangely seized ; but the spectre 
had like to have wrung his hand off, by endeavouring to 
wrest it from him ; however he still held it ; and several 
times this od accident was renewed in the family. There 
wanted not the oaths of good credible people to these par- 
ticulars. 

Also it is known, that these wicked spectres did proceed 
so far as to steal several quantities of money from divers 
people, part of which individual money dropt sometimes 
out of the air, before sufficient spectators, into the hands 
of the afflicted, while the spectres were urging them to sub- 
scribe their covenant with death. Moreover, poisons to the 
standefsby wholly invisibly, were sometimes forced i 
the afflicted; which, when they have with much reluctancy 
swallowed, they have swoln presently, SO that the common 
medicines for poisons ha?e been found necessary to rel 
them; yea, sometimes the spectres in the struggles have so 
^0 



302 WITCHCRAFT. 

dropt the poisons, that the standersby have smelt them and 
viewed them, and beheld the pillows of the miserable stained 
with them. Yet more, the miserable have complained bit- 
terly of burning rags run into their forcibly distended 
mouths; and though nobody could see any such cloths, or 
indeed any fires in the chambers, yet presently the scalds 
were seen plainly by every body on the mouths of the com- 
plainers, and not only the smell, but the smoke of the 
burning sensibly filled the chambers. 

Once more the miserable exclaimed extremely of Brand- 
ing Irons, heating at the fire on the hearth to mark them ; 
now the standersby could see no Irons, yet they could see 
distinctly the print of them in the ashes, and smell them 
too, as they were carried by the not-seen furies unto the 
poor creatures for whom they were intended ; and those 
poor creatures were thereupon so stigmatized with them, 
that they will bear the marks of them to their dying day. 
Nor are these the tenth part of the prodigies that fell out 
among the inhabitants of New England. 

Flashy people may burlesque these things, but when 
hundreds of the most sober people, in a country where they 
have as much mother wit certainly as the rest of mankind, 
know them to be true, nothing but the absurd and froward 
spirit of saducism can question them. I have not yet men- 
tioned one thing that will be justified, if it be required, by 
the oaths of more considerate persons than can ridicule 
these od phenomena. 

But the worst part of this astonishing tragedy is yet be- 
hind ; wherein Sir William Phips,* at last being dropt as 
it were from the machine of Heaven, was an instrument of 
easing the distresses of the land, now so darkened by the 
Lord of Hosts. There were very worthy men upon the 

* Sir William Phips was at this time (16 ( J1) appointed Governor of 
the colony of Massachusetts, and was the principal instrument of put- 
ting a slop to lhc wild and ridiculous notions of witchcraft, which had 
for a long lime pervaded the whole country. 



WITCHCRAFT. 303 

spot where the assault from hel was first made, who appre- 
hended themselves called from the God of Heaven, to sift 
the business unto the bottom of it ; and indeed, the contin- 
ual impressions which the outcries and the havocks of the 
afflicted people that lived nigh unto them caused on their 
minds, gave no little edge to this apprehension. 

They did, in the first place, take it for granted, that there 
are witches, or wicked children of men, who upon cove- 
nanting with and commissioning of evil spirits, are attended 
by their ministry to accomplish the things desired of them : 
they had not only the assersions of the holy scriptures ; asser- 
sions which the witch advocates cannot evade without shifts 
too foolish for the prudent, or too profane for any honest 
man to use; and they had not only well attested relations 
of the gravest authors, from Bodin to Bovet, and from Bins- 
field to Brombal and Baxter ; to deny all which, would be 
as reasonable as to turn the chronicles of all nations into 
romances of Don Quixot and the Seven Champions; but 
they had also an occular demonstration in one, who a little 
before had been executed for witchcraft, when Joseph Dudley, 
Esqr. was the Chief Judge. There was one whose magical 
images were found, and who confessing her deeds, (when 
a Jury of Doctors returned her compos mentis,) actually 
showed the whole court by what ceremonies used unto 
them, she directed her familiar spirits how and where to 
cruciate the objects of her malice; and the experiment 
being made over and over again before the whole court, the 
efFect followed exactly in the hurts done to the people at a 
distance from her. The existence of such witches was 
now taken for granted by the good men, wherein so far the 
generality of reasonable men have thought they ran well ; 
and they soon received the confessions of some accused 
persons to confirm them in it; but then they took one thing 
more for granted, wherein it is now as generally thought 
they went out of the way. The afflicted people vehemently 
accused several persons, in several places, that the spectres 



304 WITCHCRAFT. 

which afflicted them did exactly resemble them ; until the 
importunity of the accusations did provoke the Magistrates 
to examine them. When many of the accused came upon 
their examination, it was found that the demons, then a 
thousand ways abusing of the poor afflicted people, had with 
a marvelous exactness represented them ; yea, it was found 
that many of the accused, but casting their Eye on the 
afflicted, though their faces were never so much another 
way, would fall down and lie in a sort of a swoon, wherein 
they would continue, whatever hands were laid upon them, 
until the hands of the accused came to touch them, and 
then they would revive immediately ; and it was found that 
various kinds of natural actions, done by many of the ac- 
cused in or to their own bodies, as leaning, bending, turn- 
ing awry, or squeezing their hands, or the like, were pres- 
ently attended with the like things preternaturally done 
upon the bodies of the afflicted, though they were so far 
assunder that the afflicted could not at all observe the ac- 
cused. 

It was also found that the flesh of the afflicted was often 
bitten at such a rate, that not only the print of the teeth 
would be left on their flesh, but the very slaver of spittle 
too, even such as might be clearly distinguished from other 
peoples. And usually the afflicted went through a terrible 
deal of seeming difficulties from the tormenting spectres, 
and must be long waited on, before they could get a breath- 
ing space from their torments to give in their testimonies. 

Now many good men took up an opinion, that the provi- 
dence of God would not permit an innocent person to come 
under such a spectral representation ; and that a concur- 
rence of so many circumstances would prove an accused 
person to be in a confederacy with the demons thus afflic- 
ting of the neighbors ; they judged, that except these things 
might amount unto a conviction, it would scarce be possi- 
ble ever to convict a witch ; and they had some philosoph- 
ical schemes of witchcraft, and of the method and manner 



WITCHCRAFT. 305 

wherein magical poisons operate, which farther supported 
them in their opinion. 

Sundry of the accused persons were brought unto their 
trial, while this opinion was yet prevailing in the minds of 
the Judges and Juries, and perhaps the most of the people 
in the country, then mostly suffering ; and though some of 
them that were tried there came in so much other evidence 
of their diabolical compacts, that some of the most Judi- 
cious, and yet vehement opposers of the notions then in 
vogue; publicly declared, had they themselves been on the 
bench, they could not have acquitted them ; nevertheless, 
divers were condemned, against whom the chief evidence 
was founded in the spectral exhibitions. 

And it happening, that some of the accused coming to 
confess themselves guilty, their shapes were no more seen by 
any of the afflicted, though the confession had been kept 
never so secret, but instead thereof the accused themselves 
became in all vexations just like the afflicted ; and this 
yet more confirmed many in the opinion that had been ta- 
ken up. 

And another thing that quickened them, yet more to act 
upon it, was, that the afflicted were frequently entertained 
with apparitions of Ghosts, at the same time that the spec- 
tres of the supposed witches troubled them : which Ghosts 
always cast the beholders into a far more consternation 
than any of the spectres ; and when they exhibited them- 
selves, they cried out of being murdered by the witchcrafts, 
or other violences of the persons represented in the spec- 
tres — once or twice the apparitions were seen by others at 
the very same time that they shewed themselves to the af- 
flicted ; and seldom were they seen at all, but when some- 
thing unusual and suspicious hud attended the death of the 
party thus appearing. 

The Dutch and French Ministers in the province of New 
York, having likewise about this time their Judgment ask- 
ed by the Chief Judge of that province, who was then a 

26* 



306 WITCHCRAFT. 

gentleman of New England, they gave it under their hands 
that if we believe no Ycneficlc Witchcraft, we must renounce 
the Scripture of God, and the consent of almost all the 
world ; but that yet the apparition of a person afflicting 
another, is a very insufficient proof of a witch ; nor is it in- 
consistent with the holy and righteous government of God 
over men, to permit the affliction of the neighbors, by dev- 
ils in the shape of good men ; and that a good name, ob- 
tained by a good life, should not be lost by mere spectral 
accusations. 

Now upon a deliberate review of these things, his Excel- 
lency* first reprieved, and then pardoned many of them that 
had been condemned ; and there fell out several strange 
things that caused the spirit of the country to run as vehe- 
mently upon the acquitting of all the accused, as it by mis- 
take ran at first upon the condemning of them. 

In fine, the last Courts that sate upon this thorny busi- 
ness, finding that it was impossible to penetrate into the 
whole meaning of the things that had happened, and that 
so many unsearchable cheats were interwoven into the con- 
clusion of a mysterious business, which perhaps had not 
crept thereinto at the beginning of it, they cleared the ac- 
cused as fast as they tried them ; and within a little while 
the afflicted were most of them delivered out of their troub- 
les also ; and the land had peace restored unto it, by the 
God of peace, treading Satan under foot. 



EXTRACTS FROM AN ANCIENT HISTORY OF THE COLONY 
OF MASSACHUSETTS. 

" Relating to the wonders of the invisible world, in pre- 
ter-natural occurrences" 

"Of these, I will now offer the publick, some remarka- 
ble histories; for every one, which we have had such a suf- 
ficient evidence, that no reasonable man in this whole coun- 
try, ever did question them ; and it will be unreasonable 

* Sir William Phips. 



WITCHCRAFT. 307 

to do it in any other. For my own part, I would be as ex- 
ceed ingly afraid of writing a false thing, as of doing an ill 
thing; but have my pen always more in the fear of God." 

THE FIRST EXAMPLE. 

Ann Cole, a person of serious piety, living in the house 
of her godly Father, in the year 1662, was taken with very 
strange fits, wherein her tongue was improved by a demon, 
to express things unknown to herself. The general purpose 
of the discourse, which held sometimes for a considerable 
while, was, that such and such persons named in the dis- 
course, were consulting how they might carry on mischiev- 
ous designs against her and several others, by afflicting their 
bodies or destroying their good names ; upon all which, the 
general answer heard among these invisible speakers, 
was, ah! she runs to the Rock! after such an enter- 
tainment had held for some hours, the demons were heard 
saying, let us confound her language, that she may tell 
no more talcs. Whereupon the conference became un- 
intelligible to the standers by, audit pass'd in a Dutch tone 
erivinjr therein an account of mischiefs that had befal- 
len divers persons. Several eminent ministers wrote the 
speeches of the spirits, thus heard in the mouth of this Ann 
Cole; and one of the persons therein mentioned, as active 
in the matter then spoken of (whose name was Greensmith) 
being then in prison on suspicion of witchcraft, was brought 
before the Magistrates. The Ministers now reading to her 
what they had written, she with astonishment, confes'd that 
the things were so, and that she with other persons, named 
in the papers, had familiarity with a devil. She said that 
she had not yet made a formal covenant with her devil, but 
only promised that she would go with him when he called 
her, which she had sundry times done accordingly : and 
that he told her, that at Christmas, they would have a mer- 
ry niniing, and then the agreement between them should 
be subscribed. She acknowledged the day following, that 
when Ministers began to read what they did, she was in 



308 WITCHCRAFT. 

such a rage, that she could have torn them to pieces; and 
she was resolved upon the denial of her guilt ; but after 
they had read awhile, she was as if her flesh were pull'd 
from her bones, and she could no longer do what they char- 
ged upon her. She declared that her devil appeared unto 
her first in the shape of a Deer, skipping about her, and at 
last proceeded so far as in that shape to talk with her ; and 
the devil had frequently carnal knowledge of her. Upon 
this confession, with other concurrent evidence, the woman 
was Executed, and other persons accused, made their es- 
cape : whereupon Ann Cole, was happily deliver'd from the 
extraordinary troubles wherewith she had been exercis'd. 

THE SECOND EXAMPLE. 

In the town of Groton, one Elizabeth Knap, (October 
1671,) was taken after a very strange manner ; sometimes 
weeping, sometimes laughing, sometimes roaring, with vio- 
lent agitations, crying out Money, Money, her tongue would 
be for many hours together drawn like a semi-circle, up to 
the roof of her mouth ; so that no fingers applyed unto it, 
could remove it. Six men were scarce able to hold in some 
of her fits ; but she would skip about the house yelling and 
howling, and looking hideously. 

On Dec. 17th, her tongue being drawn out of her mouth 
to an extraordinary length, a demon began manifestly to 
speak in her; for many words were distinctly uttered, 
wherein are the labiel letters, without any motion of her 
lips at all : words also, were uttered when her mouth was 
wide open, but no organs of speech us'd therein. The 
chief things that the demon spoke, were horrid railings 
against the godly minister of the town ; but sometimes he 
likewise belch'd out most nefaridous blasphemies against 
the God of Heaven. And one thing about this young 
woman was yet more particularly remarkable : she cried 
out in her fits that a certain woman in the neighbourhood 



WITCHCRAFT. 309 

appeared unto her, and was the only cause of her afflic- 
tion. 

The Woman thus cry'd out upon, was doubtless an holy, 
a devout, a vertuous person ; and she, by the advice of her 
friends, visited the afflicted. The possessed creature, tho' 
she was in one of her fits, and had her eyes wholly shut, 
yet when this innocent woman was coming, she discover'd 
herself wonderfully sensible of it, and was in grievous ago- 
nies at her approaches. 

But this inocent woman thus accused and abus'd by a 
malicious devil, pray'd earnestly with, as well as for this 
possess'd creature ; whereupon coming to herself, she con- 
fess'd that she had been deluded by Satan, and compell'd 
by him unreasonably to think and speak evil of a good 
neighbour without a cause. After this, there was no fur- 
ther complaint of such an ones apparition ; but she said 
some devil in shape of divers, did very diversly and cruelly 
torment her, and then told her it was not he, but they, that 
were her tormentors. 

THE THIRD EXAMPLE. 

In the third year, 1070, the House of William Morse, at 
Newbury, was infested with demons after a most horrid 
manner, not altogether unlike the demons of Tedworth* It 
would fill many pages to relate all the infestations; but the 
chief of 'em were such as these. Bricks, ami sticks, and 
stones, were often by some invisible hand, thrown at the 
house, and so were many pieces of Wood : a cat was thrown 
at the Woman of the house, and a long stall 'dane'd up and 
down in the chimney ; and afterwards the same long staff 
was hang'd by a line and swung to and fro, and when two 
persona laid it on the fire to burn it, it was as much as they 
were able to do with their joint strength to hold it there. 
An Iron crook was violently by an invisible hand, hurl'd 
about; and a chair flew about the room until] at last it litt 
upon a table where the meat stood ready to be eaten, and 



310 WITCHCRAFT. 

had spoiled all if the people had not with much ado saved 
a little. A chest was by an invisible hand, carried from 
one place to another, and the doors barricado'd, and the 
keys of the family taken, some of them from the bunch 
where they were ty'd, and the rest flying about with a loud 
noise of their knocking against one another. For a while 
the folks of the house could not sup quietly, but ashes 
would be thrown into their suppers, and on their heads, 
and their cloaths ; and the sJwoes of the man being left be- 
low, one of them was fill'd with ashes and coals, and 
thrown up after him. When they were a bed, a stone 
weighing about three pounds, was divers times thrown upon 
them. A box and a board was likewise thrown upon them ; 
and a bag of hops being taken out of a chest, they were by 
the invisible hand, beaten therewith till some of the hops 
were scatter'd on the floor where the bag was then laid and 
left. The man was often struck by that hand with several 
instruments ; and the same hand cast their good things 
into the fire : yea, while the man was at prayer with his 
household, a beesom gave him a blow on his head behind, 
and fell down before his face. When they were winnow- 
ing their Barley, dirt was thrown at them ; and assaying to 
fill their half bushel with corn, the foul corn would be thrown 
in with the clean so irresistibly that they were fore'd there- 
by to give over what they were about. While the man was 
writing, his Ink horn was by the invisible hand, snatch'd 
from him ; and being able no where to find it, he saw it at 
length drop out of the air down by the fire. A Shooe was 
laid upon his shoulder; but when he would have catch'd 
it, it was rapt from him ; it was then clapt upon his head, 
and there he held it so fast that the unseen fury pull'd him 
with it backward on the floor. He had his cap torn off his 
head, and in the night he was pull'd by the hair and pinch- 
ed and scratch'd ; and the invisible hand prick'd him with 
some of his awls, and with needles, and bodkins ; and blmvs 
that fetched blood were sometimes given. Frozen clods of 



WITCHCRAFT. 311 

cow dung were often thrown at the man ; and his Wife 
going to milk the cows, they could by no means preserve 
the vessels of milk from the like annoyances, which made 
it fit only for the hogs. 

She going down into the cellar, the trap-door was imme- 
diately by an invisible hand, shut upon her, and a table 
brought and laid upon the door which kept her there till 
the man remov'd it. When he was writing another time, 
a dish went and leapt into a pail, and cast water on them, 
and on all the concerns before him, so as to defeat what he 
was then upon. His cap jump'd off his head, and on again, 
and the pot lid went off the pot into the kettle, then over 
the fire together. 

A little Boy belonging to the family, was a principal suf- 
ferer in these molestations ; for he was flung about at such 
a rate that they fear'd his brains would have been beatt n 
out ; nor did they find it possible to hold him. His bed 
cloathes would be pull'd from him, his bed shaken, and his 
bed staff leap forward and backward. The man took him 
to keep him in a chair, but the chair fell a dancing, and 
both of them were very near being thrown into the fire. 
He was taken out of his bed and thrown under it, and all 
the knives belonging to the house were, one after another, 
stuck into his back, which the spectators pull'd out ; only 
one of them seem'd to the spectators to come out of his 
mouth. The poor boy was divers times thrown into the 
fire and preserved from scorching there, with much ado. 
For a long while he bark'd like a dog, and then he cloqyt'd 
like a hen; and could not speak mutually. His tongue 
would be pull'd out of his mouth; but when In- could re- 
cover it so far as to speak, In' COmplain'd that a man called 
P 1, appeared unto him as the cause of all. 

Once in the (lay-time he was transported where none could 
find him, till at last they found him creeping on one side, 
and sadly dumb and lame. When he was able to expresfl 



312 WICHCRAFT. 

himself, he said P 1 had carried him over the top of the 

house, and hurted him against the cart wheel in the barn ; 
and accordingly they found some remainders of the thresh' d 
Barley, which was on the Barn floor, hanging about his 
garments. 

The spectre would make all his meat, when he was going 
to eat, fly out of his mouth ; and instead thereof, make him 
fall to eating of ashes, and sticks, and yarn. The man and 
his Wife taking the boy to bed with them, a chamber-pot, 
with its contents, was thrown upon them ; they were se- 
verely pinch'd, and pull'd out of the bed ; and many other 
fruits of devilish spite were they dogg'd withall, until it 
pleased God mercifully to shorten the chain of the devil. 
But before the devil was chain'd up, the invisible hand, 
which did all these things, began to put on an astonishing 
visibility. 

They often thought they felt the hand that scratch' d 
them, while yet they saw it not ; but when they thought 
they had hold of it, it would give them the slip. Once the 
fist beating the man was discernible, but they could not 
catch hold of it. At length an apparition of a Blackamoor 
Child shew'd itself plainly to them. And another time a 
drumming on the boards was heard, which was follow'd 
with a voice that sang, revenge, revenge, sweet is revenge. 
At this, the people being terrify'd, call'd upon God : where- 
upon there follow'd a mournful note, several times uttering 
these expressions, alas ! alas ! we knock no more, we knock 
no more! and there was an end of all. 

On June 11, 1682, showers of stones were thrown by 
an invisible hand upon the house of George Walton, at 
Portsmouth. Whereupon the people going out, found the 
gate wrung off the hinges, and stones flying and falling 
thick about them, and striking of them seemingly with a 
great force, but really affecting them no more than if a soft 
touch were given them. The Glass windows were broken to 



WITCHCRAFT. 313 

pieces by stones that came not from without, but from with- 
in ; and other instruments were in like manner hurl'd about. 
Nine of the stones they took up, whereof some were as hot 
as if they came out of the fire; and marking them, they 
laid them on the table ; but in a little while they found 
some of them again flying about. The spit was carried up 
the chimney ; and coming down with the point forward, 
stuck in the back log ; from whence one of the company 
removing it, it was by an invisible hand thrown out at the 
window. This disturbance continued from day to day ; 
and sometimes a dismal hollow whistling would be heard, 
and sometimes a trotting and snorting of an horse, but 
nothing to be seen. The man went up the great Bay in a 
Boat unto a farm he had there ; but there the stones found 
him out; and carrying from the house to the Boat a stirrup 
Iron, the Iron came jingling after him through the woods 
as far as the house; and at last went away, and was heard 
of no more. The Anchor leap'd overboard several times, 
and stopt the Boat. A cheese was taken out of the Press, 
and crnmbl'd all over the floor; a piece of Iron stuck into 
the wall, and a kettle hung thereon. Several cocks of hay 
mow'd near the house, were taken up and hung upon trees, 
and others made into small wisps, and scattered about the 
house. The man was much hurt by some of the stones : 
he was a Quaker, and suspected a Woman who charged 
him with injustice in detaining some land from her, did by 
witchcraft occasion these preternatural occurrences. How- 
ever, at last, they came to an end. 

In June, 10*2, Mary, the wife of Antonio Ifortado, 
dwelling near the Salmon falls, beard a voice at the door 
of her house, calling what do you here? Two or three 
days after, a ir r < • .- 1 1 -tour was thrown along the house ; which 
the people going to take up, was unaccountably gone. A 
frying pan, then in th«: chimney, rang bo loud, thai the 
people at an hundred rod.- distance heard it; and the said 
27 



314 WITCHCRAFT. 

Mary, with her husband, going over the River in a Canoo, 
they saw the head of a man, and about three foot off, the 
tail of a cat, swimming before the Canoo, when they re- 
turned, but at their landing, it first disappeared. A stone 
thrown by an invisible hand, after this, caused a swelling 
and a soreness in her head ; and she was bitten on both arms 
black and blue, and her breast scratch'd, the impression of 
the teeth, which were like a man's teeth, being seen by 
many. 

They deserted the house on these occasions, and tho' at 
a neighbour's house they were at first haunted with appa- 
ritions, the Satanical molestations quickly ceas'd. When 
Antonio went unto his own house, at the entrance, there he 
heard one walking in his chamber, and saw the boards 
buckle under the feet of the walker ; and yet there was no- 
body there. For this cause, he went back to dwell on the 
other side of the River ; but thinking he might plant his 
ground, tho' he left his house, he had five rods of good log 
fence thrown down at once, and the footing of neat cattle 
plainly to be seen almost between every row of corn in the 
field ; and yet no cattle seen there, nor any damage done to 
his corn, or so much as a leave of it cropt. 

Mr. Philip Smith, aged about fifty years, a son of emi- 
nently vertuous parents, a Deacon of a Church in Hadley, 
a member of the General Court, a Justice in the Countrey 
Court, a Select Man for the affairs of the town, a Lieuten- 
ant of the troop, and which crowns all, a man of devotion, 
sanctity, gravity, and all that was honest exceeding exam- 
plary. Such a man was, in the winter of 1684, murder'd 
with an hideous witclicraft, that filled all those parts of 
New England with astonishment. He was, by his office, 
concerned about relieving the indigences of a wretched 
woman in town : who being dissatisfy'd at some of his just 
cares about her, express'd herself unto him in such a man- 
ner, that he declared himself thenceforward apprehensive 
of receiving mischief at her hands. 



WITCHCRAFT. 315 

About the beginning of January, he began to be very 
valetudinarious, labouring under pains that seem'd Ischiat- 
ick. The standersby could now see in him one ripening 
apace for another world, and fiU'd with grace and joy to a 
high degree. He shew'd such weanedness from weariness 
of the world, that he knew not (he said) whether he might 
pray for his continuance here : and such assurance he had of 
the divine love unto him, that in raptures he would cry out, 
Lord, stay thy hand ; it is enough, it is more than thy frail 
servant can bear. But in the midst of these things, he still 
utter'd and had hard suspicion that the ill woman who had 
threatened him, had made impressions with inchantments 
upon him. While he remain'd yet of a sound mind, he 
very sedately, but very solemnly, charged his brother to 
look well after him. Tho' he said he now understood him- 
self, yet he knew not how he might be. But be sure (said 
he) to have a care of me ; for you shall see strange things. 
There shcdl be a wonder in Iladlry ! I shall not be dead, 
when 'tis thought I am ! He press' d this charge over and 
over ; and afterwards became delirious ; upon which he 
had a speech incessant and voluble, and (as was judg'd) in 
various languages. He cry'd out, not only of pains but 
also of pins, tormenting him in several parts of his body ; 
and the attendants found one of them. 

In his distresses he exclaimed much upon the woman 
•aforesaid, and others, as being seen by him in the room ; 
and there was divers times both in that room, and over the 
whole house, a strong smell of something like music, which 
once particularly so scented an Apple roasting at the fire, 
that it fore'd them to throw it away. Some of the young 
men in the town being out of their wits, at the Btrange ca- 
lamities thus upon one of their neighbours, went three 
or four times to give disturbance unto the woman thus com- 
plained of: and all the time they were disturbing of her, 

he was at case, fend slept as a weary man : yea, these were 
the only times that they perceived him to take any Bleep in 



31 G WITCHCRAFT. 

his illness. Gaily pots of medicines provided for the sick 
man, were unacountably empty'd : audible seratchings were 
made about the bed, when his hands and feet lay wholly 
still, and were held by others. They beheld fire some- 
times on the bed ; and when the beholders began to dis- 
course of it, it vanished away. Divers people actually felt 
something often stir in the bed, at a considerable distance 
from the man : it seem'd as big as a cat, but they could nev- 
er grasp it. Several trying to lean on the beds head, tho' 
the sick man lay wholly still, the bed would shake so as to 
knock their heads uncomfortably. A very strong man 
could not lift the sick man to make him lie more easily, tho' 
he apply'd his utmost strength unto it ; and yet he could go 
presently and lift a bedstead, and a man lying on it, with- 
out any strain to himself at all. Mr. Smith dies; the Jury 
that view'd his corpse, found a swelling on the breast, his 

wounded or burn'd, his back full of bruises, and 

several holes that seem'd. After the opinion of all had joro- 
nounccd him dead, his countenance continued as lively as if 
he had been alive ; his ewyes closed as in a slumber, and 
his nether Jaw not fallen down. 

Thus he remain'd from Saturday morning about sunrise, 
till Sabbath-day , in the afternoon ; when those who took 
him out of the bed, found him still warm, tho' the season 
was as cold as had almost been known in any age : and a 
New English winter does not want for cold. 

On the night following his countenance was yet fresh as 
before ; but on Monday morning they found the face ex- 
treemely tumify'd and discolourd. It was black and blue, 
and fresh blood seem'd running down his cheek upon the 
hairs. Divers noises were also heard in the room where 
the corpse lay; as the clattering of chairs and stools, where- 
of no account could be given. 

This was the end of so good a man. And I could with 
unquestionable evidence relate the tragical deaths of several 
good men in this land attended with such preternatural cir- 



WITCHCRAFT. 317 

cumstances, which have loudly calFd upon us all to work 
out our own salvation with fear and treambling. 

There was one Mary Johnson, try'd at Hertford in this 
countrey, upon an indictment of familiarity with the Devil, 
and was found guilty thereof, cheifly upon her own confes- 
sion. Her confession was attended with such convictivc 
circumstances, that it could not be slighted. Vary many 
material passages relating to this matter, are now lost : but 
so much as is well known, and can still be prov'd shall be 
inserted. 

She said her familiarity with the devil came through dis- 
content, and wishing the Devil to take this and that, and the 
Devil to do that and t'other thing ; whereupon a Devil ap- 
pear'd unto her, tendering her what services might content 
her. A devil accordingly did for her many services. Her 
master blam'd her for not carrying out the ashes, and a Devil 
afterwards would clear the hearth of ashes for her. Her 
master sending her to drive out the Hogs, that sometimes 
broke into the field, a Devil scare the hogs away, and 
make her laugh to see how he teaz'd them. She confess'd 
that she had murdered a child, and, committed uncleanness 
both with men and with Devils. In time of her imprison* 
ment, the famous Mr. Stone was at great pains to promote 
her conversion from the Devil to God ; and she was by the 
best observers judged very penitent, both before her Execu- 
tion and at it ; and she went out of the world with comfor- 
table hopes of mercy from God through the merit of our 
Saviour. Being asked what she built her hopes upon, she 
answer'd, upon these words: come unto me all ye that la- 
bour and are heavy laden , and 1 will give you rest; and 
these; there is a fountain sit <>[>, n for sin and uncleanness. 
And she dy'd in ■ frame extreamly t<> the satisfaction of 
them that were spectators of it. 

Four children of. John Goodwin in Boston, which had 
enjoy 'd a religious education, and answered it with a tow- 

27* 



318 WITCHCRAFT. 

ardly ingenuity : children indeed of an examplary temper and 
carriage, and an example to those about them for piety, hon- 
esty and industry. These were in the year 1688, arrested 
by a very stupendous witchcraft. The eldest of the chil- 
dren, a daughter of about thirteen years old, saw cause to* 
examine their laundress, the daughter of a scandalous Irish 
woman in the neighborhood, about some Linen that was: 
missing; and the woman bestowing very bad language or* 
the child, in her Daughter's defence, the child was immedi- 
ately taken with odd fits, that carried in them something 
diabolical. It was not long before one of her sisters, with 
two of her brothers, were horribly taken with the like fits 
which the most experienced physicians pronounced extra- 
ordinary and preternatural : and one thing that the more 
confirmed in this opinion was, that all the children were 
tormented, still, just the same part of their bodies, at the 
same time, tho' their pains flew like swift lightning from one 
part unto another, and they were kept so far asunder, that 
they neither saw nor heard one anothers complaints. At 9 
or 10 o'clock at night, they still had a release from their 
miseries, and slept all night pretty comfortably. But when 
the day came, they were most miserably handled. Some- 
times they were deaf, sometimes dumb, sometimes blind, and 
often all this at once. Their tongues would be draivn down 
their throats, and then pull'd out upon their chins to a pro- 
digious length. Their mouths were fore'd open to such a 
wideness, that their Jaws went out of joint: and anon clap 
together again, with a force like that of a Spring Loch) 
and the like would happen to their shoulder blades and their 
elbows, and hand wrists, and several of their joints. They 
would lie in a benumb' d condition, and be drawn together 
like those that are tied neck and heels; and presently be 
stretch'd out, yea drawn back enormously. They made 
piteous outcries, that they were cut with knives, and 
struck with blows ; and the plain prints of the wounds were 
seen upon them. Their necks would be broken so that 



WITCHCRAFT. 319 

their neck bone would seem dissolved unto them that felt af- 
ter it : and yet on the sudden it would come again so stiff, 
that there was no stiring of their heads : yea, their heads 
would be twisted almost round: and if the main force 
of their friends at any time obstructed a dangerous motion 
which they seem'd upon, they would roar exceedingly : and 
when devotions were performed with them, their hearing 
was utterly taken from them. The Ministers of Boston and 
Charlestown, kept a day of prayer and fasting, on this oc- 
casion, at the troubled house, the youngest of the four chil- 
dren was immediately, happily, finally deliver'd from all its 
trouble. But the Magistrates being awakened by the noise 
of these grievous and horrid occurrences, examined the per- 
son who was under the suspicion of having employ'd these 
troublesome demons,; and she gave such a wretched ac- 
count of herself, that she was committed unto the Gaoler's 
custody. 

It was not long before this woman (whose name was 
Glover,) was brought upon her trial ; but then the court 
could have no answers from her, but in the Irish, which 
was her native language, although she understood English 
in her former conversation. When she pleaded to her in- 
dictment, it was with owning and bragging, rather than 
denial of her guilt. And the interpreters, by whom the 
communication between the bench and the bar was man- 
aged, were made sensible that a spell had been laid by an- 
other witch on this, to prevent her telling talcs, by contin- 
ing her to a language which 'twas hoped nobody would 
understand. The woman's house being searched, several 
images, or poppets, or babies, mad.- of r-iLT-- and stuffed with 

Goafs hair, were thence produced, ami the file woman 

confessed that her way to torment the objects of her malice 
was by wetting of her linger with her spittle, and Btroaking 
of those little images. The abused children were then 

present in tin- court : the n 1:111 kept Btill stooping and 

shrinking, as one that was almost prest unto death with a 

mighty weight upon her. But one of the imau<> being 



320 WITCHCRAFT. 

brought unto her, she odly and swiftly started up, and 
snatch'd it into her hand ; but she had no sooner snatch'd 
it, than one of the children fell into sad fits, before the 
whole assembly. The Judges had their just apprehensions 
at this, and carefully causing a repetition of the experiment, 
they still found the same event of it, tho' the children saw 
not when the hand of the witch was laid upon the images r 
they asked her whether she had any to stand by her ? She 
replied she had: and looking very pertly into the air, sho 
added, no he's gone ! and she then acknowledged that she 
had one, who was her prince, with whom she mentioned I 
no not what communion. For which cause, the night after 
she was heard expostulating with a Devil, for his thus de- 
serting her, telling him, that because he had served her so 
basely and falsely she had confessed all. 

However, to make all clear, the Court appointed five or 
six Physicians to examine her very strictly, whether she was 
no way crazed in her intellectuals. Divers hours did they 
spend with her ; and in all that while, no discourse came 
from her but what was agreeable; particularly when they 
ask'd her what she thought would become of her Soul, she 
replied, you ask me a very solemn ejuestion, and I cannot 
tell what to say. She profest herself a Roman Catholich, 
and could recite her Pater-nostcr in Latin very readily ; 
but there was one clause or two always too hard for her, 
wherefore she said, she could not repeat it if she might have 
all the world. 

In the upshot, the Doctors return'd her compos mentis, 
and sentence of death was past upon her. Divers days past 
between her being arraign'd and condemned ; and in this 
time, one Hughes testified that her neighbour (called How- 
en,) who was cruelly bewitch'd unto death, about six years 
before, laid her death to the charge of this woman, and bid 
her (the said Hughes,) to remember this, for within six 
years there would be occasion to mention it. One of 
Hughes children was presently taken ill in the same woful 



WITCHCRAFT. 321 

manner that Goodwin's ; and particularly the Boy in the 
night cried out that a Hack person with a blue cap, in the 
room, tortured him, and that they tried with their hand in 
the bed, for to pull out his bowels. The mother of the 
Boy went unto Glover the day following, and asked her 
ichij she tortured her poor lael at such a rate ? Glover an- 
swered, because of the wrong she had received from her ; and 
boasted that she had come at him as a black person with a 
blue cap, and with her hand in the bed, would have pulCd 
his bowels out, but could not. Hughes denied that she had 
wronged her ; and Glover then desiring to see the boy, 
wished him well ; upon which he had no more of his indis- 
positions. After the condemnation of the woman, I did 
myself give divers visits unto her ; wherein she told me that 
she used to beat meetings, where her prince with four more 
were present. She told me who the four were, and plainly 
said that her prince was the Devil. When I told her that 
and how her Prince had cheated her, she reply'd, if it be 
so lam sorry for that ! And when she declined answering 
some things that I asked her, she told me she would fain 
give me a full answer, but her spirits would not give her 
leave; nor could she consent, she said, without their leave, 
that I should pray for her. At her execution, she said the 
afflicted children should not be relieved by her death, for 
others besides she had a hand in their affliction. Accord- 
ingly the three children continu'd in their furnace as before ; 
and it grew rather seven times h<>ft<r than it was. In their 
fits they cry'd out (they) and (them) as the authors of all 
their miseries; but who that (they) and {than) were, they 
were unable to declare; y<t at last one of the children 
able to discern theil Bhapes, and uttered their names. A 
blow at the place where they saw the spectre, was always 
felt by the Boy himself hi that part of his bodj that an- 
swer' d what might be Btricken at; and tin- tho' hi- b 

w< re luru'd. and the thing BO done that there could he no 
collusion in it. But as a blow at the spectn always hurt 



322 WITCHCRAFT. 

him, so it always help'd him too; for after the agonies, to" 
which a push or stab at that had put him, were over, (in a 
minute or two they would be,) he would have a respite from 
his ails a considerable while, and the spectre would be 
gone ; yea, it was very credibly affirmed, that a dangerous 
woman or two in the town receiv'd wounds by the blows 
thus given to the spectres. The calamities of the children 
went on till they barked at one another like dogs, and then 
purred like so many cats. They would complain that they 
were in a red hot oven, and sweat and pant as much as if 
they had been really so. Anon they would say that cold 
Water was thrown on them, at which they would shiver very 
much. They would complain of bloivs with great cudgels 
laid upon them, and we that stood by, though we could see 
no cudgels, yet could see the marks of the bloivs in red 
streaks upon their flesh. 

They would complain of being roasted on an invisible 
spit ; and lie and roll and groan as if it had been most sen- 
sibly so ; and by and by shriek that knives were cutting of 
them. They would complain that their heads were nailed 
unto the floor, and it was beyond an ordinary strength to 
pull them from thence. They would be so limber sometimes, 
that it was judg'd every bone they had might be bent; and 
anon so stiff, that not a joint of them could be stired. 

One of them dreamt that something was growing within 
his skin, cross one of his ribs. An expert Chirurgeon 
searcht the place, and found there a brass pin, which could 
not possibly come to lie there as it did, without a presti- 
gious and misterious conveyance. Sometimes they would 
be very mad, and then they would climb over high fences, 
yea, they would fly like geese, and be carried with an in- 
credible siviftness through the air, having but just their 
toes now and then upon the ground, (sometimes not once 
in twenty foot,) and their arms ivavcd like the wings of a 
bird. They were often very near drowning or burning of 
themselves ; and they often strangled themselves with their 



WITCHCRAFT. 823 

neck cloths ; but the providence of God still ordered the 
seasonable succors of them that looked after them. If there 
happened any mischief to be done where they were, as the 
dirtying of a garment, or spilling of a cup, or breaking of 
a glass, they would laugh excessively. 

But upon the least reproof of their parents, they were 
thrown into inexpressible anguish, and roar as excessively. 
It usually took up abundance of time to dress them or un- 
dress them, through the strange postures into which they 
would be twisted, on purpose to hinder it ; and yet the de- 
mons did not know our thoughts ; for if we used a jargon, 
and said untie his neckcloth, but the party bidden under- 
stood our meaning to be untie his shooe, the neckcloth, 
and not the shooe, has been by writhen postures rendered 
strangely inaccessible. In their beds they would be some- 
times treated so, that no cloaths could for an hour or two 
be laid upon them. If they were bidden to do a needless 
thing, (as to rub a clean tabic,) they were able to do it un- 
molested ; but if to do any useful thing, (as rub a dirty 
table,) they would presently, with many torments, be made 
uncapable. 

They were sometime hindred from eating their meals, by 
having their teeth set when any thing was carrying to their 
mouths. If there were any discourse of God, or Christ, 
or any of the things which are not seen, and arc eternal, 
they would be cast into intolerable anguishes. — All praying 
to God, and reading of his word, would occasion 'em a 
very terrible vexation. Their own cars would then bestopt 
with their own hands, and they would roar, and howl, and 
shriek, and hollow, to drown the voice of the devotion-, 
yea, if any one in the room took up a Bible to look into 
it, tho' the children could see nothing of it, as being in a 
crowd of spectators, or having their faces another w.iv, 
yet would they be in wonderful torments till the Bible was 
laid aside. Briefly, no good 'I/inn might then l»»- endured 
near those children, which, while they were themselves, 



324 WITCHCRAFT. 

loved every good thing, in a measure that proclaimed in 
them the fear of God. If I said unto them, child, cry to 
the Lord Jesus Christ! their teeth were instantly set. If I 
said, yet, look unto him! their eyes were instantly pull'd so 
far into their heads, that we fear'd they could never have 
us'd them any more. 

It was the eldest of these children that fell chiefly under 
my own observation : for I took her home to my own fami- 
ly, partly out of compassion to her parents, but chiefly,, 
that I might be a critical eye witness of these things, that 
would enable me to confute the saducism of this debauched 
age. Here she continued well for some days, applying 
herself to actions of industry and piety : but Nov. 20, 
1688, she cry'd out, Ah, they have found me out, and im- 
mediately she fell into fits. Wherein we often observed 
that she would cough up a ball as big as a small Egg into 
the side of the wind pipe, that would near choke her, till 
by stroaking and by drinking, it was again carried down. 

When I prayed in the room, first her hands were with a 
strong, tho' not even force, clapt upon her ears; and when 
her hands were by our force pulled away, she cry'd out, 
they make such a noise I cannot hear a ivord ! She com- 
plained that Glover's chain was upon her leg ; and assay- 
ing to go, her gait was exactly such as the chained witch 
had before she died. When her tortures pass'd over, still 
frolicks would succeed, wherein she would continue hours, 
yea, days together, talking perhaps never wickedly, but 
always wittily beyond herself. And at certain provoca- 
tions her torments would renew upon her, till we had left 
off to give them ; yet she frequently told us in these frol- 
icks, that if she might but steal, or be drunk, she should be 
well immediately. She told us, that she must go down to 
the botttom of our well, (and we had much ado to hinder 
it) for they said there iv as plate there, and they would bring 
her up safely again. We wondered at this, for she had 
never heard of any plate there ; and we ourselves, who 



WITCHCRAFT. 325 

had newly bought the house, were ignorant of it ; but the 
former owner of the house just then comeing in, said 
there had been plate for many years lost at the bottom of the 
well. Moreover, one singular passion that frequently at- 
tended her, was this. 

An invisible chain would be clapt about her, and she in 
much pain and fear, cry out when (they) began to put it 
on. Sometimes we could with our hands knock it off, as 
it began to be fastened, but ordinarily, when it was on, 
she would be pull'd out of her seat, with such violence 
towards the fire, that it was as much as one or two of us 
could do to keep her out. Her Eyes were not brought to 
be perpendicular to her feet when she rose out of her chair, 
as the mechanism of an humane body requires in them that 
rise, but she was dragg'd wholly by other hands. And if 
we stamp'd on the hearth, just between her and the fire, 
she screamed out, that by jar in g the chain we hurt her. 

I may add, that (they) they put an unseen rope, with a 
cruel noose, about her neck, lohereby she was choaked 
untill she was black in the face; and tho' it was got off be- 
fore it had kill'd her, yet there were the red marks of it, 
and of a finger and a thumb near it, remaining to be seen 
for some while afterwards. Furthermore, not only upon 
her own looking in the Bible, but if any one else in the 
room did it, wholly unknown to her, she would fall into 
unsufferable torments. 

A Quaker Book being brought her, she could quietly 
read whole pages of it; only the name of God and Christ, 
she still skipp'd over, being unable to pronounce it, except 
sometimes stammering a minute or two, or more upon it. 
And when we urged her to tell what the word was that she 
miss'd, she would say, / must not speak it: liny .«iy [ 
must not. You knout what it is. } Tis <i, am! <>, and D. 
But a Book against Quakerism (they) would nut allow her 
to meddle with. Such books as it might have been profit- 
able and edifying for her to read, and especially her eathc- 



326 WITCHCRAFT. 

chisms, if she did but offer to read a line in them, she 
would be cast into hideous convulsions, and be tost about 
the house like a foot ball ; but books of jests being shewn 
her, she could read them well enough, and have cunning 
descants upon them. Popish books (they) would not hinder 
her from reading ; but (they) would from reading books 
against Popery. A book which pretends to prove that there 
arc no witches, was easily read by her ; only the name 
Devils and loitches might not be uttered. A book which 
proves that there arc witches, being exhibited unto her, she 
might not read it ; and that expression in the story of Ann 
Cole, about running to the Rock, always threw her into 
convulsions. 

Divers of these trials were made by many witnesses ; but 
I considering that there might be a snare in it, put a sea- 
sonable stop to this fanciful business. Only I could not but 
be amaz'd at one thing. A certain prayer book being 
brought her, she not only could read it very well, but also 
did read a large part of it over, calling it her Bible, and 
putting a more than ordinary respect upon it. If she were 
going into her tortures, at the tender of this book she would 
recover herself to read it; only when she came to the Lords 
prayer, now and then occurring in that book, she would 
have her eyes put out, so that she must turn over a new 
leaf, and then she could read again. Whereas, also, there 
are Scriptures in that book she could read them there ; but 
if any shewed her the very same Scriptures in the Bible it- 
self, she should sooner die than read them ; and she was 
likewise made unable to read the Psalms in an ancient 
metre which this prayer Book had in the same volume with 
it. Besides these, there was another inexplicable thing in 
her condition. Ever now and then, an invisible horse would 
be brought unto her by those whom she only called (them) 
and (her company) upon the approach of which, her ewyes 
would be still closed up ; for (said she,) they say I am a 



WITCHCRAFT. 327 

tell tale, and therefore they will not let me sec them. Here- 
upon she would give a spring as one mounting an horse, 
and settleing herself in a riding posture, she would in her 
chair be agitated as one sometimes ambling, sometimes trot- 
ing, and sometimes galloping very furiously. In these mo- 
tions we could not perceive that she was moved by the 
stress of her feet upon the ground, for often she touch'd it 
not. When she had rode a minute or two, she would seem 
to be at a rendezvous with [them] that were her [company] 
and there she would maintain a discourse with them, ask- 
ing them many questions concerning herself, (we gave her 
none of ours) and have answers from them which indeed 
none but herself perceived. Then would she return and 
inform us how [they] did intend to handle her for a day or 
two afterwards, and some other things that she enquired. 
Her horse would sometimes throw her with much violence ; 
especially if any one stabb'd or cut the air under her. But 
she would briskly mount again and perform her fantastick 
journeys mostly in her chair; but sometimes also, she would 
be carried from her chair out of one room into another, 
very odly in the postures of a riding woman. At length, 
she pretended, could ride up the stairs; and unto admira- 
tion she rode, (that is was toss'd as one that rode) up the 
stairs. There then stood open the study of one belonging 
to the family : into which entering, she stood immediately 
on her feet, cry'd out they they are gone ! they art gone ! 
they say that they cannot, God won't let them come her \ ' 
Adding a reason for it which the owner of the study 
thought more kind than true. And sin- presently and per- 
fectly came to herself so that her whole discourse and car- 
riage was alter'd unto the greatest measure of sobriety t and 
she sate reading of the Bible and other good books, t".»r ■ 
good part of the afternoon, ll.r affairs calling her anon 
to go down again, the demons were in a quarter of a minute 
asbad upon her as before ; and her horst was waiting for her. 

Some then came to see whether there had not been fallacy 



328 WITCIICRA.FT. 

in what had newly hapned, resolved for to have her up unto 
the study where she had been at ease before ; but she was 
then so strangely distorted, that it was an eztream difficulty 
to drag her up stairs. The demons would pull her out of 
the peoples hands and make her heavier than perhaps three 
of herself. With incredible toil, (tho she kept screaming, 
they say I must go in,) she was pull'd in, where she was 
no sooner got, before she could stand on her feet and with 
an alter'd note say, now I am well. 

She would be faint at first, and say, she felt something to 
go out of her, (the noises whereof we sometimes heard 
like those of a mouse,) but in a minute or two, she could 
apply herself to devotion, and express herself with discretion 
as well as ever in her life. 

To satisfie some strangers, the experiment was divers 
times, with the same success, repeated, until my loathness 
to have any thing done like making a charm of a room, 
caus'd me to forbid the repetition of it. But enough of 
this. The ministers of Boston and Charleston kept an- 
other day of prayer with fasting, for Goodwin's afflicted 
family. After which, the children had a sensible, but a 
gradual abatement, of their sorrows, until perfect ease was 
at length restored unto them. The young woman dwelt 
at my house the rest of the Winter ; having, by a vertuous 
conversation, made herself welcome to the family. But ere 
long, I thought it convenient for me to entertain my con- 
gregation with a sermon on the memorable providences 
wherein these children had been concern'd, (afterwards 
publish' d.) When I had begun to study my sermon, her 
tormentors again seized upon her, and managed her with a 
special design, as was plain, to disturb me in what I was 
then about. 

In the worst of her extravagancies formerly, she was 
more dutiful to myself than I had reason to expect. But 
now her whole carriage to me was with a sawciness which 
I was not used any where to be treated with all. She would 



WITCHCRAFT. 329 

knock at my study door affirming that some below would 
be glad to see me, though there was none that asked for me. 
And when I chid her for telling what was false, her answer 
was, Mrs. Mather is always glad to see you. She would 
call to me with numberless impertinences; and when I 
came down she would throw things at me, though none of 
them could ever hurt me : And she would hecter me at a 
strange rate for something I was doing above, and threaten 
me with mischief and reproach that should revenge it. Few 
tortures now attended her but such as were provoked. 
Her frolicks were numberless, if we may call them hers. 
I was in Latin telling some young gentleman that if I 
should bid her look to God, her eyes would be put out ; 
upon which, her eyes were presently served so. Perceiv- 
ing that her troublers understood Latin, some trials were 
thereupon made whether they understood Greek and He- 
brew, which it seems they also did; but the Indian lan- 
guages they did seem not so well to understand. 

When we went unto prayer, the demons would throw her 
on the floor at the feet of him that prayed, where she would 
whistle, and sing, and yel, to drown the voice of prayer, 
and she would fetch blows with her fist, and kicks with her 
foot, at the man that pray'd ; but still her fist and foot 
would always recovl when they came within an inch or two 
of him, as if rebounding against a wall, and then she would 
beg hard for other people to strike him, which (you may be 
sure) not being done, she cried out, he has wounded m in 
the head. But before the prayer was over, she would be 
laid for dead, wholly sensless, and (unto appearance) breath- 
less, with her belly swelled like a drum : and sometimes 
with croaking noises in her. Thus would she lif, most ex- 
actly with the Stiffness and posture of oik; that had been 
two days laid out I'm- dead. Once lying thus, as he that 
was praying was alluding to the words of the Canaanites, 
and saying, Lord, kavt mercy mi a daughter r< i't with a 
Devil, there came a big, but low voice from her, in which 



330 WITCHCRAFT. 

the spectators did not see her mouth to move, there* s two or 
three of us. When prayer was ended, she would revive in 
a minute or two, and continue as frolicksome as ever. 

She thus continued until Saturday towards the evening, 
when she assay'd with as nimble and various and pleasant 
an application as could easily be used, for to divert the 
young folks in the family from such exercises, as it was 
proper to the Sabbath withall ; but they refusing to be di- 
verted, she fell fast asleep, and in two or three hours waked 
perfectly herself, weeping bitterly to remember what had 
befallen her. When Christmas arrived, both she at my 
house, and her sister at home, were by the demons made 
very drunk, though we are fully satisfied they had no strong 
drink to make them so, nor would they willingly have been 
so to have saved the world. When she began to feel her- 
self drunk, she complained, Oh! they say they will have 
me to keep Christmas with them. They will disgrace me 
when they can do nothing else. And immediately the ri- 
diculous behaviours of one drunk were with a wondrous 
exactness, represented in her speaking and reeling, and 
spewing, and anon sleeping, till she was well again. At 
last, the demons put her upon saying that she was dying, 
and the matter prov'd such that we fear'd she really was ; 
for she lay, she toss'd, she pull'd, just like one dying, and 
urged hard for some one to die with her, seeming loth to 
die alone. She argu'd concerning death, with a paraphrase 
on the thirty-first psalm, in strains that quite amazed us; 
and concluded that tho' she was loth to die, yet if God said 
she must, she must ! Adding, that the Indians would 
quickly shed much blood in the country, and horiblc trage- 
dies would be acted in the land. Thus the vexations of 
the children ended. 

But after awhile, they began again ; and then one partic- 
ular minister taking a particular compassion on the family, 
set himself to serve them in the methods prescribed by our 
Lord Jesus Christ. Accordingly, the Lord being besought 



WITCHCRAFT. 331 

thrice in three days of prayer, with fasting on this occasion, 
the family then saw their deliverance perfected ; and the chil- 
dren afterwards all of them, not only approv'd themselves 
devout Christians, but unto the praise of God reckoned 
these their afflictions among the special incentives of their 
Christianity. 

The Ministers of Boston and Charlestown, afterwards ac- 
company'd the printed narrative of these things with their 
attestations to the truth of it. And when it was reprinted 
at London, the famous Mr. Baxter prefixed a preface unto 
it, wherein he says, this great instance conns with such con- 
vincing evidence, that he must be a very obstinate sadducee 
that will not believe it. 

CONFESSIONS OF WITCH KS. 

I shall give the reader a taste of these things in a few in- 
stances. — The afflicted complained that the spectres which 
vex'd them, urged them to set their hands to a book, repre- 
sented to them, (as to them it seemed) with threatnings of 
great torments, if they signed not, and promises of ease if 
they obeyed. Amongst these, D. II. as she said (which 
sundry others confess'd afterwards) being overcome by the 
extremity of her pains, did sign the book presented, and 
had the promised ease, and immediately upon it a spectre in 
her shape afflicted another person, and said, / have sign'd 
the book, and ham ease : now do you sign, (//id so shall i/uu 
have case I And one day, this afflicted person pointed at a 
certain place in the room, and said there is D. II. upon 
which, a man with his rapier .truck al the place, tho' lie 
saw no shape; ami the afflicted <•: '! d out, Baying, you have 
given her a small wound about tin eye* Soon after this the 
said I). 11. confess'd herself to be made a witch, by signing 
the Devils book, as abovesaid, and declared that Bhe had 
afflicted the maid that complained of her, and in doing of it 
had received tWOWOUnds by a Sword or Rapi r ; a small one 
about theeye, which she shcivt Mo the Magistrates, and an- 



332 WITCHCRAFT. 

other on the side, of which she was searched by a discreet 
woman, who reported that D. II. had on her side the sign 
of a wound newly healed. This D. II. confessed that she 
was at a witch meeting at Salem Village, where were many 
persons that she named, some of whom were in prison then, 
or soon after, upon suspicion of witchcraft; and the said 
G. B. preached to them, and such a woman was their Dea- 
con, and there they had a sacrament. 

Several others after this, confessed the same things with 
D. II., in particular Goody E. said, that she, with two oth- 
ers, (one of whom acknowledg'd the same) rode from An- 
dover to the same Village Witch Meeting, upon a stick above 
the ground, and that in the way the stick brake, and gave 
the said F. a fall, whereby, said she, I got a fall, and hurt, 
of which I am stiM sore. I happened to be present in pris- 
on when this F. own'd again her former confession to the 
Maoistrates. I asked her if she rode to the meeting on a 
stick ? She said yea. I inquired what she did for victuals? 
She answered, that she carried Bread and Cheese in her 
pocket, and that she and the Andover company came to the 
Villao-e before the meeting began, and sat down together 
under a Tree, and eat their food ; and that she drank water 
out of a Brook to quench her thirst; and that the meeting 
was upon a plain grassy place, by which was a Cart path, 
in which were the tracks of horses feet: and she also told 
me how long they were going and returning, and some time 
after, told me she had some trouble upon her spirit ; and 
when I enquired what, she said she was in fear that G. B. 
and M. C. would kill her; for they appeared unto her (in 
spectre, for their persons were kept in other rooms in the 
prison,) and brought a sharp pointed Iron, like a spindle, 
but four square, and threatened to take her life, because she 
had confessed her witchcraft, and told of them that they 
were with her; and M. C. abovenamed was the person that 
made her a witch. About a month after the said F. took 



WITCHCRAFT. 333 

occasion to tell me the same story of her fears that G. B. 
and E. C. would kill her ; so that the thing was much on 
her spirit. 

Nextly I will insert the confession of a Man, about forty 
years of age, W. B. which he wrote himself in prison, and 
sent to the Magistrates, to confirm his former confession to 
them. 

God having called me to confess my sin and aposlacy in 
that fall, in giving the Devil advantage over me, appearing 
to me like a blade man in the evening, to set my hand to his 
book, as I have owned to my shame. He told me that I should 
not icant, so doing. At Salem Village, there being a little 
off the Meeting House, about an hundred fine blades, some 
with rapiers by their sides, which was called (and might be 
more for ought I know) by B. and Bu, and the trumpet 
sounded, and bread and wine, which they called the sacra- 
ment, but I had none ; being carried over all upon a stick 
never being at any other meeting, I being at Cart Saturday 
last, cdl the day of Hay and English Corn, the devil 
brought my shape to Salem, and did afflict 31. S. and R. F. 
by ditching my hand; and on Sabbath day, my shape af- 
flicted 31. S. and A. 31. E. J. and A. F. have ban my en- 
ticers to this great abomination, as one hath owned and char* 
ged her other Sister with the same. And the eh sign was to 
destroy Salon Village, and to begin at the Mini stir.- House, 
and to destroy the Church's of God ', and to set i/p Sati ns 
Kingdom, and then all will be well. And now I hope God 
hath meed,- me in some measure sensible of my sin and apos~ 
tacy ; begging pardon of God, and of the honourable Ma- 
gistrates, e/nel all Goefs people; hoping, and promt : m' by 
the help of God, to set my heart and hand tu do what in me 
Huh t o destroy such wicked worship ; humbly begging the 
prayers <<f dud's people for ///> , I may walk humbly under 
edl this great affliction, and that T may procure to myself 
tin sure mercies of David. 

Concerning this confession, note I, it was his own free 
act in prison. 2, He said (the Devil Ufa a black Sheep,) 



334 WITCHCRAFT. 

this he had before explained to be like a black man. 3. 
That on a certain day was heard in the air the sound of a 
trumpet at Salem Village, nigh the meeting house, and up- 
on all enquiry, it could not be found that any mortal man 
did sound it. 4. The three persons, he saith, the Devil in 
his shape afflicted, had been as to the time and manner, af- 
flicted as he confesseth. 5. That E. J. confessed as much 
as W. B. charged her with. C. Many others confessd a 
witch meeting, or witch meetings, at the Village as well as he. 

Note also, that these confessors did not only witness 
against themselves, but against one another, and against 
many, if not all those that suffered for that crime. As for 
example : when G. B. was tried, seven or eight of these 
confessors, severally called, said they knew the said B. and 
saw him at a witch meeting at the Village, and heard him 
exhort the company to pull down the Kingdom of God, and 
set up the Kingdom of the Devil. He denied ail; yet said 
he justified the Judges ai;d Jury, in condemning of him: 
because there were so many positive witnesses against him ; 
but said he died by false witnesses. M. C. had to witness 
against her, two or three of her own children, and several 
neighbours, that said they were in confederacy with her in 
witchcraft. A. F. had tluee of her children, and some of 
the neighbours, her own sister, and a servant, who confess 
sed themselves witches, and said she was in confederacy 
with them. But alass ! I am weary with relating particulars ; 
those that would see more of this kind, let them have re- 
course to the Records. 

It may be queried, how doth it appear that there was a 
going too far in this affair I 

A. 1. By the numbers of the persons accused, which 
at length increased to about an hunched ; and it cannot be 
immagined that in a place of so much knowledge, so many 
in so small a compass of land, should so abominably leap 
into the devil's lap all at once. 

2. The quality of several of the accused was such as did 
bespeak better tilings, and tilings that accompany salvation ; 






witchcraft. 335 

persons, whose blameless and holy lives before did testifie 
for them ; persons that had taken great pains to bring up 
their children in the nurture and admonition of the Lord ; 
such as we had charity for, as for our own souls : And 
charity as a Christian duty commended to us. 

3. The number of the afflicted daily increased, until about 
fifty persons were thus vex'd by the devil. This gave just 
ground to suspect some mistake, which gave advantage to 
the accuser of the brethren to make a breach upon us. 

4. It was considerable, that nineteen were Executed, and 
all denied the crime to the death, and some of them were 
knowing persons, and had before this been accounted 
blameless livers. And it is not to be immagined, but that 
if all had been guilty, some would have had so much ten- 
derness as to seek mercy for their souls, in the way of con- 
fession and sorrow for such a sin. And as for the co?ielcmn'd 
confessors at the bar, (they being reprieved,) we had no ex- 
perience whether they would stand to their self-condemning 
confessions when they came to die. 

5. When this prosecution ceased, the Lord so chain' el up 
Satan, that the afflicted grew presently well ; the accused 
are generally quiet; and for five years since, we have no 
such molestations by them. 

6. It sways much with me, which I have since heard and 
read of the like mistakes in other places. As in Suffolk in 
England, about the year 1645, was such a prosecution, until 
they saw that unless they put a stopt it would bring all into 
blood and confusion. The like hath been in France, until 
nine hundred were put to death. And in some other places 
the like. So that New England is not the only place cir- 
cumvented by the wiles if the wicked and willy serpent in 
this kind. 

In Chelmsford in Essex, (England,) An » 1646, there 
were thirty try'd at once, before Jinl^* Coniers, end four- 
teen of them hang'd, and an hundred more detained in sev- 
eral prisons in Suffolk and Essex. 



336 WITCHCRAFT. 

As to our case at Salem, I conceive it proceeded from 
some mistaken principles : as that Satan cannot assume the 
shape of an innocent person, and in that shape do mischief 
to the bodies and estates of mankind; and that the devil, 
when he doth harm to persons in their body or estate, it is 
(at least most commonly, generally, and frequently,) by the 
help of our neighbours, some witch in covenant with the 
devil ; and that when the party suspected looks on the par- 
ties suppos'd to be bevvitch'd, and they are thereupon struck 
down in a fit, as if struck with a cudgel, it is a proof of such 
a covenant. 

[The author elsewhere speaking of another mistaken 
principle, takes occasion to mention the following passage.] 

I remember, when there was a great discourse about 
witches, a very holy man heard his wife say she desired a 
sucking Pig ; and he going to a neighbour's house, saw a 
sow with a litter of pigs, and took a fancy to one of them 
in particular for his wife, and asked the owner for that pig. 
The owner denied him ; hereupon he went away in a great 
passion, very unsuitable to such a person : and that very 
pig left its dam and company, and followed this man to his 
home. This was observed, and it was supposed Satan 
might have some hand in it ; taking advantage upon the 
passion of so good a man, to render him suspected by such 
an accident, if he could. 



4